Court No. - 53
Case :- CRIMINAL APPEAL DEFECTIVE No. - 884 of 2018 Appellant :- Suresh Sharma And 3 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Ghandikota Sri Devi,J.
(In Re; Criminal Misc. Delay Condonation Application No. 1 of 2018) Heard learned counsel for the appellant on delay condonation application.
This delay condonation application has been filed on behalf of the appellant with a prayer to condone the delay in filing the appeal, which is reported to be beyond time by 105 days.
For the reasons stated in the affidavit appended to the delay condonation application, the appellant could not file the appeal in time.
Cause shown is sufficient. The prayer so made is accepted and accordingly, the delay condonation application stands allowed. The delay is condoned and the appeal is treated to have been filed well within time.Present criminal appeal is treated to have been filed well within the time.
(Order on Appeal) Heard learned counsel for the appellants and learned A.G.A., for the State. Perused the record.
This criminal appeal under Section 14 A (1) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the cognizance taken based on the charge sheet dated 11.04.2018 of Special Trial No. 626 of 2018, State Versus Rakesh Sharma and others, arising out of Case Crime No. 50 of 2018, under Sections 452, 323, 504, 506, I.P.C. and 3(1) Da, Dha of the SC/ST Act, Police Station Sipri Bazar, District Jhansi and the impugned order dated 30.04.2018, pending in the court of Special Judge SC/ST Act, Jhansi, whereby appellants have been charge sheeted in the aforesaid sections.
Learned counsel for the appellants contended that no offence is made out against the appellants and they have been falsely implicated in the present case.
Per contra, learned A.G.A., contended that there is no infirmity or illegality in the impugned order passed by the learned Trial Court.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the appellants.
The defence of the accused/appellant shall not be considered at the stage of cognizance.
Accordingly, I find no infirmity in the impugned order passed by the trial court and as such, this appeal stands dismissed.
However, none of the aforesaid offences against appellants is punishable with imprisonment for more than seven years. The police has submitted charge sheet. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
Accordingly, in exercise of extraordinary jurisdiction of this Court and in view of the order passed by this Court in Smt. Sakeena and others Vs. State, and another reported in 2018
(2) ACR 2190, it is directed that in case the appellants file their bail application and also pray for interim bail, their prayer for interim bail shall be considered and decided on the same day, and the regular bail shall be decided thereafter by affording an opportunity of hearing to the victim or his /her dependent as per the mandate of Section 15A (5) S.C./S.T. Act.
For a period of 60 days from today or till the appellants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 26.2.2019 T.S.