Jamaluddin and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 14 Case :- CRIMINAL APPEAL No. - 2956 of 2023 Appellant :- Jamaluddin And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Pankaj Kumar,Santosh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Heard Shri Pankaj Kumar, learned counsel for appellants as well as learned Additional Government Advocate for the State and perused the record.

¶2The instant Criminal Appeal under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been moved by the appellants-Jamaluddin and Sayda Khatoon @ Shahida Khatoon to set-aside the summoning order dated 11.08.2022 passed by the learned Special Judge SC/ST Act, District Lucknow in Session Trial No. 1518/2022, arising out of Case Crime No. 0208/2020, under Sections 147, 148, 149, 323, 504, 506 IPC & 3(I) (Da), 3(1) (Dha), SC/ST Act, at Police Station Kakori, District Lucknow.

¶3Learned counsel for the appellants submits that though various prayers have been stated in the prayer clause of appeal for quashing/ setting aside the summoning order but he is not pressing them and now the appellants want to participate in the proceedings by surrendering/ appearing before the trial court/ special court but having an apprehension that the disposal of their bail application which they are intending to move before the trial court/ special court may take some time for disposal and in the meantime, they may be lodged in prison which will not only jeopardize their personal liberty but would also bring a bad name otherwise their good reputation, thus a suitable direction be given to the trial court for expeditious disposal of their bail application which they are intending to move before the trial court.

¶4Learned A.G.A. would have no objection to the prayer made by learned counsel for the appellants.

¶5The only prayer which has been made by learned counsel for the appellants is with regard to issuing a suitable direction to the trial court/ special court for expeditious disposal of bail application which they are intending to move before the trial court/ special court.

¶6This Court is of the considered view that even if there is no order of expeditious disposal of the bail application passed by any superior Court it is the duty of the each and every criminal court to dispose of the bail application of the under trials as well as of the convicts with expedition.

¶7Having regard to the fact that personal liberty of a person is at stake, the instant Criminal Appeal moved on behalf of the appellants is finally disposed of with a direction to the trial court/ special court that if the appellants-Jamluddin and Sayda Khatoon @ Shahida Khatoon appear / surrender before the trial court/ special court within 30 days from today and move any regular bail application, the trial court/ special court shall be under an obligation to dispose of the same with expedition, after providing an opportunity of being heard to the parties, strictly in accordance with law, if there is no legal impediment. Order Date :- 18.10.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench