Court No. - 39
Case :- CRIMINAL APPEAL No. - 4013 of 2019 Appellant :- Singu And 3 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Ved Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the appellants, learned Counsel for the State and perused the record.
This criminal appeal is preferred by the appellants against the judgment and order dated 2.3.2019 passed by Additional Sessions Judge/Special Judge, SC/ST Act Court No.2, Shahjahanpur in Complaint Case No.21 of 2019, Smt. Shila Devi Vs. Singu and others summoning the applicants under sections 452, 323, 504 I.P.C. and 3 (1) X SC/ST Act, Police Station-Paror, District-Shahjahanpur.
At the outset, learned counsel appearing on behalf of the appellants on instructions submitted that he does not want to press the prayer made in the appeal referred above and submitted that some protection may be granted to the appellants in case they surrender before the concerned court and their bail applications be decided in the light of Amarawati Versus State of U.P reported in 2005 Cri LJ 755 (All) as well directions given by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Versus State of UP and Ors reported in 2009 (4) SCC,437.
Per contra, learned counsel for the State has opposed the prayer of the appellants.
Considered the submissions.
Prayer made in the appeal is rejected.
The directions given by the Full Bench of this Court in Amarawati (supra) as well as directions given by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh (supra) which are on the issue of (I) to follow the directions passed by Hon'ble Supreme in the matter of Joginder Kumar Versus State of UP reported in 1994 (4) SCC,260, (II) Trial Court to take all endeavour to decide a bail application preferably on the same day and (III) to grant interim bail in appropriate cases pending disposal of final bail application, are very explicit and to be followed mandatorily in letter and spirit.
A copy of the said judgments have already been circulated to all the district courts of State of Uttar Pradesh under the orders of Hon'ble Supreme Court and this Court, therefore to repeat such direction by way of another order from this Court is neither necessary nor warranted.
In case appropriate application is filed, by the appellants, the Trial Court shall decide the same strictly in accordance with law.
Considering the facts and circumstances of the present case, it is directed that in case the appellants surrender before the concerned trial court within 45 days from today and apply for bail, the trial court will decide their bail applications in accordance with law.
For a period of 45 days from today, no coercive action shall be taken against the appellants.
It is made clear that no further protection on any ground what so ever will be granted beyond the period above mentioned and in case appellants chooses not to surrender within the 45 days from today, the Trial Court is directed to take all the coercive measures in accordance with law against them.
With the aforesaid directions, this appeal is disposed of. Order Date :- 3.6.2019 SB