Allahabad High Court
Moola @ Moolchandra And 4 Others vs State Of U.P. And Another on 1 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL APPEAL No. - 1108 of 2023 Appellant :- Moola @ Moolchandra And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Arun Kumar Vishvakarma Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
It is informed by learned counsel for the opposite party no.2 of the instant case that notice has been sufficiently served thus in the considered opinion of this case the service on opposite party no.2 is sufficient, however, no one is present on her behalf.
Heard Sri Arun Kumar Vishvakarma, learned counsel for the appellants as well as learned A.G.A. for the State and perused the record.
The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellants-Moola @ Moolchandra, Sunder Singh, Neti @ Netrapal, Manju and Bheemo @ Bheem Singh with the prayer to set-aside/quash the entire proceeding as well as the impugned charge sheet dated 21.8.2022 and summoning order as well as cognizance dated 28.10.2022 in Special Sessions Trial No. 1225 of 2022 (State vs. Moola @ Moolchandra and others) arising out of Case Crime No.314 of 2022, under Sections 147, 323, 504 I.P.C. and Section 3(1)(da) (dha) of the SC/ST Act, Police Station Chhata, District Mathura, pending in the Court of learned Special Judge SC/ST Act,Mathura.
Learned counsel for the appellants submits that though various prayers have been mentioned in the prayer clause of the appeal but they are confining their prayer to the tune that the appellants are intending to appear/surrender before the trial court for the purpose of obtaining regular bail, but are having apprehension that the moment they will appear before the trial court for the purpose of obtaining regular bail, disposal of their bail application may take time and in the meantime they may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to their reputation. Thus appropriate directions be given to the trial court for expeditious disposal of their bail application in the light of law laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941.
No objection in this regard has been made by learned A.G.A.
Keeping in view the fact that learned counsel for the appellants has confined his prayer only for issuance of appropriate directions to the trial court for expeditious disposal of bail application, which the appellants are intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the appellants appear/surrender before the trial court within 30 days from today and move an appropriate application for bail under Section 439 Cr.P.C., the trial court shall dispose of the same expeditiously in the light of law laid down by Hon'ble the Supreme Court in the case of Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017, In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021, Satender Kumar Antil Vs. Central Bureau of Investigation and others (Supra) and Aman Preet Singh Vs. C.B.I. through Director (Supra), after providing an opportunity of being heard to the parties, strictly in accordance with law.
Order Date :- 1.5.2023 m.a.