Delhi High Court - Orders
State vs Ishrat Jahan@ Pinki on 7 July, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 296/2022, CRL.M.A. 12700/2022 & CRL.M.A. 12747/2022
STATE ..... Appellant
Through: Mr. Amit Prasad, SPP for State.
versus
ISHRAT JAHAN@ PINKI ..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 07.07.2022 The State, vide the present appeal assails the impugned order dated 14.03.2022 of the Court of the learned ASJ-03 (Shahdara), Karkardooma Court, Delhi in I.A. No.93-2021 in relation to FIR No.59/2020, PS Crime Branch under Sections 13/16/17/18 UA (P) Act, 120-B read with Section 109/114/124A/147/148/149/153A/186/201/212/295/302/307/341/353/395/ 419/ 420/427/435/436/452/454/468/471/34 IPC & Section 3 & 4 Prevention of Damage to Public Property Act,1984 and Section 25/27 Arms Act, whereby, the respondent was granted bail subject to terms and conditions as imposed thereby qua the offence punishable under the Unlawful Activities (Prevention) Act, 1967.
It is at the outset submitted on behalf of the State by the learned SPP for the State that in as much as, the Unlawful Activities (Prevention) Act, 1967 falls at Serial no.2 of the Schedule to the National Investigation Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.07.2022 17:56:58 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Agency Act, 2008 in terms of Section 21(2) thereof, qua all scheduled offences under the UA (P) A, 1967, triable by the Special Court under the UA(P)A, 1967, the appeal would have essentially to be heard by a Division Bench of this Court.
It is essential to observe that the Full Bench verdict of the Hon'ble High Court of Madras in Crl.O.P. No.13123/2020 dated 12.07.2021 is virtually to similar effect.
A further submission is made on behalf of the State that the appeal bearing CRL.A. No.173/2022 filed by the co-accused Umar Khalid is pending before the Special Division Bench of this Court comprising of Hon'ble Mr. Justice Siddharth Mridul and Hon'ble Mr. Justice Rajnish Bhatnagar.
Subject to orders of the Hon'ble the Chief Justice, the proceedings of the present appeal i.e. CRL.A. 296/2022 along with all accompanying applications be placed before the Division Bench of Hon'ble Mr. Justice Siddharth Mridul and Hon'ble Mr.Justice Rajnish Bhatnagar for the date 11.07.2022, as prayed.
ANU MALHOTRA, J JULY 7, 2022 nc Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:07.07.2022 17:56:58 This file is digitally signed by PS to HMJ ANU MALHOTRA.