Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4450 of 2017 Applicant :- Sikandar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application filed on behalf of Sikandar in connection with case crime No. 153 of 2016, under Sections 376, 504, 506 I.P.C. and 4 of Protection of Children From Sexual Offence Act and Section 3(2)5 S.C./S.T. Act, P.S. Jahanganj, District Farrukhabad.
Heard Sri Mukesh Kumar, learned counsel appearing for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A, learned counsel for the State.
Learned A.G.A. has taken objection that this bail application is not maintainable in view of the provisions of Section 14A (2) of the S.C./S.T. Act that are extracted below:-
"14A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any judgement, sentence or order, not being an interlocutory, of a Special Court or an Exclusive Special Court, to the High Court both on facts on law.
(2) Notwithstanding anything contained in sub- section (3) of section 378 of the Code of Criminal Procedure, 1973, an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail."
It is pointed out that the provisions of Section 14A (2) of the S.C./S.T. Act were enforced vide Act No. 1 of 2016 that came into force w.e.f. 26.01.2016. In this case the occurrence is one dated 26.06.2016 and the bail rejection order has been passed by Special Court under the Act on 23.08.2016. This being an acknowledged position on facts a bail application under Section 439 Cr.P.C. is not maintainable.
The order rejecting the bail application passed by the Special Judge is appealable under Section 14A (2) of the S.C./S.T. Act and otherwise final but for the aforesaid remedy. This bail application is not maintainable. It is dismissed as not maintainable.
Let the certified copies of the F.I.R. and the bail rejection order (free copy) be returned to the learned counsel for the applicant after retaining attested xerox copies on record. It is made clear that there is no expression of opinion on merits by this Court and the applicant is free to avail such remedy under the law as may be advised.
Order Date :- 26.2.2018 M/A.