Crl. Misc. Delay Condonation Application No. 1 of 2018 As per office report there is a delay of 379 days in filing the present appeal.
Delay condonation application is allowed and delay is condoned on the ground specified in the affidavit filed in support of the delay condonation application.
Office is directed to allot regular number.
Order Date :- 31.1.2019 Manish Tripathi Heard learned counsel for the appellant-applicant and learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the summoning order dated 17.10.2017 passed by Special Judge, S.C./S.T. Act/Additional Sessions Judge, Ghaziabad, in Complaint Case No. 30 of 2017, under Sections 406, 323, 504, 506, 452 of I.P.C. and Section 3(1) (Dha) of S.C./S.T. Act, Police Station-Sahibabad, District-Ghaziabad whereby appellant has been summoned in the aforesaid sections.
Learned counsel for the appellant contended that no offence is made out against the appellant and he has been falsely implicated in the present case. It is further contended that Civil Suit is pending between the parties. Only to pressurize the appellant, Respondent No.2 Chandra Dev Ram has filed aforesaid complaint malaciously with false allegation.
Per contra, learned A.G.A., contended that there is no infirmity or illegality in the order passed by the learned trial court.
Correctness of allegation made in the complaint shall not be considered at the stage of summoning. Only primafacie case is to be examined.
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 appellant is punishable with imprisonment for more than seven years. 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 appellant files his bail application and also prays for interim bail, his 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 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 appellant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
Order Date :- 31.1.2019 Manish Tripathi