Allahabad High Court
Satya Prakash Tiwari @ Bhopal Tiwari And ... vs State Of U.P. Thru. Prin. Secy. Home And ... on 7 June, 2022
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL APPEAL DEFECTIVE No. - 49 of 2022 Appellant :- Satya Prakash Tiwari @ Bhopal Tiwari And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Ramakar Shukla Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
C.M. Application No.1 of 2022 Cause shown in the affidavit in support of delay condonation application is sufficient.
Accordingly, the delay condonation application is allowed and the delay is hereby condoned.
Order Date :- 7.6.2022 S. Shivhare Court No. - 27 Case :- CRIMINAL APPEAL DEFECTIVE No. - 49 of 2022 Appellant :- Satya Prakash Tiwari @ Bhopal Tiwari And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Ramakar Shukla Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
The present application has been filed with the prayer to quash the impugned charge sheet dated 10.08.2016 and the order of cognizance and summoning order dated 17.05.2017 passed by the court of learned Special Judge, Scheduled Caste/Schedulted Tribes (P.A.) Act, Court No.8, Sultanpur in Special Trial No.100 of 2017 (State vs. Bhopal Tiwari & Others), under Sections 323, 392, 511, 504, 506 I.P.C. and Section 3(1)(X) of Scheduled Caste/ Scheduled Tribes Act (P.A.) Act, Police Station Akhand Nagar, District Sultanpur.
After arguing the matter at some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
Considering the arguments of learned counsel for the parties and going through the record, it cannot be said that no offence is made out against applicants and all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court.
A seven judges Bench of this Court in the case of "Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions is quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail application should be decided, expeditiously.
In the recent judgment, the Hon'ble Supreme Court in SUO MOTO WRIT (CRL) No. (S) 1 of 2017 In RE: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials vs. The State of Andhra Pradesh & Ors. vide its judgment and order dated 20.04.2021 has observed the common deficiencies which occurred in the proceedings of the criminal cases and approved "The Draft Rules of Criminal Practice 2021" which is the part of the judgment in Chapter V Rule 17 of aforesaid Rules that the application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself.
Further, as the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021, has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need to be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.
In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicants, the application is disposed of with a direction to the court below that if the applicants apply for bail before the Court below within 30 days from today, their/his prayer for bail shall be considered and decided expeditiously in accordance with law.
For a period of 30 days from today or till the applicants apply for bail, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 7.6.2022 S. Shivhare