High Court
Case Details
Neutral Citation No. - 2023:AHC:99479 Court No. - 81 Case :- CRIMINAL APPEAL No. - 3997 of 2023 Appellant :- Sampat Yadav And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Amaresh Yadava Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Legal Reasoning
Thus, keeping in view all the facts and circumstances of the case and having regard to the report submitted by the Deputy Registrar/B.S. and the consent of learned counsels for the appellants appearing before this Court in both the appeal, the order dated 02.05.2023 uploaded in Criminal Appeal No. 3977 of 2023 is, hereby, recalled with a further consequential directions to the Computer Section of this Court to get it deleted from the website of this Court.
Arguments
Shri Amaresh Yadava, learned counsel for the appellants in Criminal Appeal No. 3997 of 2023 is present before this Court along with learned A.G.A. for the State. Shri Indresh Kumar, learned counsel for the appellant in Criminal Appeal No. 3977 of 2023 is also present. A report of Deputy Registrar/B.S. of date 08.05.2023 has been placed before this Court stating therein that on 02.05.2023, Criminal Appeal No. 3997 of 2023 was mentioned by learned counsel for the appellants for taken up out of turn, as a direction for bail was sought for by the appellants. However, due to inadvertent mistake the record of Criminal Appeal No. 3977 of 2023 was placed and though, the order was dictated in Criminal Appeal No. 3997 of 2023 due to the placement of wrong file, the same has been wrongly transcribed in Criminal Appeal No. 3977 of 2023. It is also stated that no folio has yet been applied for obtaining the copy of the order dated 02.05.2023 inadvertently uploaded in Criminal Appeal No. 3977 of 2023. Learned counsels for the appellant(s) appearing in Criminal Appeal No. 3997 of 2023 as well as learned counsel for the appellant appearing in Criminal Appeal No. 3977 of 2023 have acknowledged these facts and it is informed by them that Criminal Appeal No. 3977 of 2023 was not mentioned on that date and the order was dictated in Criminal Appeal No. 3997 of 2023, which has been typed inadvertently in Criminal Appeal No. 3977 of 2023. Thus, it is manifestly evident that the order of date 02.05.2023, which has been uploaded under the head of Criminal Appeal No. 3977 of 2023 was dictated in the file of Criminal Appeal No. 3997 of 2023 and due to inadvertent mistake by placing wrong file, the same has been typed, signed and uploaded in Criminal Appeal No. 3977 of 2023.
Decision
The Criminal Appeal No. 3997 of 2023 is finally disposed of in the following manner:- " Learned counsel for the appellants at the outset submits that the appellants are pressing to instant the appeal only for a direction to the trial court for expeditious disposal of his bail application in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773. Learned AGA would have no objection to the request made on behalf of the appellants. Keeping in view all the facts and circumstances of the case, the issuance of the notice to the opposite party no.2 is hereby dispensed with, as any direction for expeditious disposal of the bail application of the appellant would not be against the interest of opposite party no.2. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. The instant appeal under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellants- Sampat Yadav, Dhanpat Yadav and Ram Prakash with the prayer to allow the present criminal appeal and quash the summoning order dated 02.02.2023 passed by learned Special Judge, (SC/ST) Act, Sant Kabir Nagar in Special Session Trial No. 113A of 2007, arising out of Case Crime No. 25 of 2006 (State vs. Awadhesh and others), under Sections 147, 148, 323, 325, 504, 506, 452, 427 I.P.C. and Section 3 (1)(10) of SC/ST Act, Police Station- Mahuli, District Sant Kabir Nagar as well as entire proceedings of the aforesaid case. Learned counsel for the appellants has made many factual submissions to demonstrate that the FIR was lodged on false and concocted facts just to pressurize and harass the appellant and the Investigating Officer without going deep into the matter in a cursory manner has submitted the charge-sheet and the Court below has also taken cognizance without considering the matter in right perspective and, therefore, the Charge-sheet, the order of the Special Court, whereby the cognizance has been taken and process is issued are bad in law and the same be quashed. Learned A.G.A. while controverting the arguments of the learned counsel for appellant submits that, the arguments of the learned counsel for appellant is, with regard to the factual aspects of the case which cannot be appreciated at this stage, as only a prima facie case is required to be seen at the stage of taking of cognizance and issuance of process. From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against appellant. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be appreciated by this Court as at this stage only a primafacie case is to be seen in the light of the law laid down by Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283, Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 and lastly State of Gujrat Vs Afroz Mohammed Hasanfatta reported in MANU/SC/0139/2019. Therefore, keeping in view the facts and circumstances of the case, the prayer for quashing the charge-sheet, summoning order as well as all proceedings of the aforesaid case is hereby refused. Hon'ble Supreme Court in the cases of Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017 and In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021 and in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 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 applications should be decided, expeditiously. Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 has issued various guidelines and provided a scheme with regard to the cases where the Charge Sheet has been filed without arrest of the accused person(s) during investigation and accused person(s) have Cooperated throughout in the investigation including appearing before the Investigating Officer whenever called. Apex Court has also provided special procedure with regard to such cases where the charge sheet has been submitted under offences punishable with up to seven years of imprisonment. The law laid down by the Hon'ble Supreme Court in Satendra Kumar Antil (supra) reiterated in the recent judgement in Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941. In the backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the request of learned counsel for the appellants, the appeal is disposed of with direction to the trial Court that if the appellants appear and surrender before the Court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously by the Court below strictly in accordance with the law referred to herein above." The mention slip of date 02.05.2023 given by learned counsel for the appellant in Criminal Appeal No. 3997 of 2023 as well as the reports submitted by the Deputy Registrar/B.S. and S.O., Computer/Copying Section as well as the fresh supplementary list of today i.e. 09.05.2023 are taken on record and shall remain part and parcel of the record of this case A copy of this order be also placed on the record of Criminal Appeal No. 3977 of 2023. Order Date :- 9.5.2023 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad