Supreme Court - Daily Orders
Ram Milan Bajpai vs The State Of Uttar Pradesh on 20 October, 2023
Bench: Abhay S. Oka, Pankaj Mithal
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.3321 OF 2023
(Arising out of S.L.P.(Criminal) No.7695 of 2023)
RAM MILAN BAJPAI & ORS. ... APPELLANT(S)
VS.
STATE OF UTTAR PRADESH & ANR. ... RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the parties. The appellant filed an appeal under Section 14(A)(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 challenging the order dated 7 th October, 2022 passed by the Special Judge. By the impugned order, the appeal has been dismissed without even discussing the merits of the appeal.
We are constrained to observe that instead of going to the merits of the appeal, the High Curt seems to have gone into the issue of grant of bail.
Hence, we set aside the impugned order dated 5th April, 2023 and restore Criminal Appeal No.972 of 2022.
The Registrar (Judicial) of the Allahabd High Court shall ensure that the restored appeal is placed before Signature Not Verified the concerned roster Judge on 31st October, 2023 so that Digitally signed by Anita Malhotra Date: 2023.10.21 11:52:56 IST Reason: the Bench can fix the schedule of hearing. 1 To enable the High Court to consider the prayer for interim relief, we direct that till 6th November, 2023, the appellants shall not be arrested.
We, however, make it clear that the High Court will decide the prayer for interim relief without being influenced by the limited protection granted by this Court.
The appeal is accordingly allowed.
..........................J. (ABHAY S.OKA) ..........................J. (PANKAJ MITHAL) NEW DELHI;
October 20, 2023.
2
ITEM NO.42 COURT NO.11 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7695/2023
(Arising out of impugned final judgment and order dated 05-04-2023 in CRLA No. 972/2023 passed by the High Court of Judicature at Allahabad, Lucknow Bench) RAM MILAN BAJPAI & ORS. Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ANR. Respondent(s) (and I.R.) Date : 20-10-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Subhasish Bhowmick, AOR Ms. Manisha Pandey, Adv. Mr. Rahul Kushwaha, Adv. Mr. Uduthala Jagan, Adv. Mr. John Thomas Arakal, Adv. Mr. Daksh Jain, Adv.
Mr. Harsh Gupta, Adv.
Ms. Mani Mala Roy, Adv. Mr. H.K Naik, Adv.
For Respondent(s) Mr. Ardhendumauli Kumar Prasad, A.A.G. Mr. Rohit K. Singh, AOR Mr. Vijay Kumar, Adv.
Ms. Ananya Sahu, Adv.
Mr. Tania Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order.
Pending application, if any, also stands disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.) 3