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SHREE PRAKASH SINGH
Raman Sahni – Appellant
Versus
State of U. P. Addl. Chief Secy. Deptt. of Home Lko – Respondent
JUDGMENT
Shree Prakash Singh, J.—Heard Sri Sushil Kumar Singh, learned counsel for the applicant, Sri I.B. Singh, Senior Advocate assisted by Sri Avinash Singh Vishen, Advocate; Sri V.K. Singh, G.A. assisted by Sri Shivendra Shivam Singh Rathore, Sri Aniruddh Kumar Singh, AGA-I assisted by Sri Vaibhav Srivastava, Sri Nirmal Pandey, learned A.G.A. for the State; Sri Gaurav Mehrotra, Advocate, Amicus Curie, assisted by Sri Utsav Misra, Akber Ahmed, Madhur Jhavar, Maria Fatima, Alina, Chinmay Misra, Ravi Singh, Harsh Vardhan Mehrotra, Ramendra Yadav, Shhriya Agarwal, Ahad, Ankit Tripathi (Advocates) and Sri Sriniwas Bajpai, learned counsel for the complainant.
2. The instant bail application has been filed on behalf of the applicant with the prayer to grant him anticipatory bail in Case Crime No. 124 of 2021, under sections- 2 and 3 of U.P. Gangster Act P.S.- Kotwali District – Sitapur.
3. At the very outset, the objection regarding the maintainability of the instant application are raised in two folds. One that the applicant has moved this application directly to this Court, which is not maintainable as per the law laid down in case of Ankit Bharti Vs. State of U.P. anothers 2020 SCC
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The judgment establishes the principle that beneficial legislation, such as the restoration of anticipatory bail provisions, can have retrospective application to benefit individuals apprehending arr....
The court established that pending matters under the CrPC, 1973, are preserved by the BNSS, 2023, while new incidents post-enactment must adhere to the BNSS.
The repeal of the Code of Criminal Procedure, 1973, effective from 01.07.2024, mandates that all new petitions must be filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Point of law : The rule of construction laid down in Section 8 of the General Clauses Act, 1897 also requires that reference to the repealed enactment made in any instrument be construed as reference....
State notification deemed to amend cognizability status of offenses under Bharatiya Nyaya Sanhita; mala fide motives behind F.I.R. questioned.
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