Sushil Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Another

Court No. - 15 Case :- CRIMINAL APPEAL No. - 3500 of 2023 Appellant :- Sushil Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another Counsel for Appellant :- Ajmal Khan,Rajesh Kumar Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Shri Ajmal Khan, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. The instant Criminal Appeal under Section 14-A(1) of the S.C./S.T. Act has been moved on behalf of the appellant-Sushil Kumar with a prayer to quash the impugned summoning order dated 03.11.2023 passed by learned Special Judge, S.C./S.T. Act / Additional District and Sessions Judge, Court No.2, Unnao in Special Trial No.1463 of 2023, Case Crime No.250 of 2023, under Sections 353, 323, 504, 506, 427 I.P.C. and Section 3(2)(Va) of S.C./S.T. Act, Police Station Maurawan, District Unnao. After some argument, learned counsel for the appellant confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the appellant, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years. Learned A.G.A. as well has no objection to the prayer made by learned counsel for the appellant and submits that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the appellant, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned counsel for the parties, if the appellant appears and surrenders before the court below and applies for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra). With the aforesaid observations, this appeal is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 16.12.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench