(Crl. Misc. Appln. No. 10128 of 2021-Applicatin for Condonation of Delay) Heard Mr. Shishir Pradhan, learned counsel for appellant/applicant and learned A.G.A. for the State on application for condonation of delay. The present appeal has been preferred with delay of 75 days assailing order dated 27.7.2020 Learned counsel for appellant has submitted that he does not want to argue on merits of the appeal. He wants sometimes for appellant to surrender before the trial court. Learned counsel for appellant has submitted that appellants came to know about summoning order dated 27.7.2020 in the month of December, 2020, then the appellants contacted his counsel. The delay was not deliberate. The reasons mentioned in the affidavit filed in support of application for condonation of delay seem to be sufficient and convincing. Delay is condoned. Application is allowed.
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Order Date :- 29.1.2021 Virendra .
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Court No. - 14 Case :- CRIMINAL APPEAL DEFECTIVE No. - 97 of 2021 Appellant :- Samir Kumar Mishra & 4 Ors.
Respondent :- State Of U.P. & Anr.
Counsel for Appellant :- Shishir Pradhan Counsel for Respondent :- G.A.
Hon'ble Virendra Kumar-II,J.
Heard learned counsel for appellant and learned A.G.A. for the State. The present criminal appeal has been preferred assailing impugned summoning order dated 27.7.2020 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act), Gonda in Case Crime No. 103 of 2020, (State Vs. Samir Kumar Mishra and others) under Sections 147, 323, 325, 504, 506 & 427 IPC and Section 3 (1) (DA) & 3 (1) (DHA) of SC/ST Act, Police Station Tarabganj, District Gonda. Learned counsel for appellants has submitted that he does not want to argue the appeal on merits. He wants sometime for appellants to appear before the trial court for obtaining bail. Learned A.G.A. has opposed the appeal by submitting that the Investigating Officer has conducted thorough investigation. He recorded statement of witnesses and injured persons. He collected injury report and x-ray report also. After finding sufficient grounds and after collecting sufficient material against the appellants, he has submitted charge sheet. The trial court has passed impugned summoning order on the basis of charge sheet submitted by the Investigating Officer.The charge sheet and impugned summoning order are not liable to be quashed. Considering the fact that the Investigating officer has found involvement of the appellant on the basis of evidence of witnesses and medical examination report, x-ray report of the injured persons and the trial court has passed summoning order on the basis of charge sheet submitted by the Investigating Officer. The appeal devoid of merits, accordingly, dismissed.
Learned counsel for appellant has submitted that sometimes may be given to appellants to appear before the trial court concerned, because he is not arguing on merits of the case. Learned counsel for appellants has submitted that sometime may be granted to appellants to surrender before the trial court. If the appellants appear before the trial court within fifteen days and move their bail application, it shall be disposed of expeditiously in view of law laid down by this Court as well as Hon'ble Supreme Court. In the aforesaid period of fifteen days, no coercive steps shall be taken against the appellants. It is made clear that aforesaid period of fifteen days shall not be extended in any circumstance. Order Date :- 29.1.2021 Virendra