JUDGMENT :

1. Heard learned counsel for the appellant; learned AGA for opposite party no.1; Ms. Saima Saher, learned counsel for informant and perused the material placed on record.

2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 30.06.2022, whereby the Special Judge, SC/ST Act, Etawah, has rejected the bail application of the appellant moved by him in Case Crime No. 0088 of 2021, under Sections 147, 148, 149, 323, 504, 506, 307 and 302 IPC and Section 3(2) (V) of SC/ST Act, Police Station Saifai, District Etawah.

3. This is the second criminal appeal of the appellant filed against bail rejection order dated 30.06.2022 passed by Special Judge (SC/ST Act), Court No. 2, Etawah, rejecting the bail application of the appellant in S.T. No. 766/2021, Case Crime No. 0088 of 2021.

4. Prayer has been made for setting aside the aforesaid order passed by the court below and allowing this appeal alongwith the bail application filed therewith for enlarging the appellant on bail during the pendency of trial.

5. Learned Additional Advocate General, Shri Gyan Narayan Kanaujiya, has vehemently opposed the prayer for bail of the appellant and has submitted that the first Criminal Appeal No. 4861 of 2021 of the appellant was rejected by the coordinate Bench of this Court on 05.04.2022, which is available and therefore this appeal may be directed to be placed before the same Bench for hearing being second criminal appeal of the appellant since the subject matter of this criminal appeal is the same as in the earlier appeal and therefore as per Chapter V, Rule 13 of the Allahabad High Court Rules, it is required to be heard by the same Bench.

6. Learned counsel for the appellant has submitted that the present criminal appeal has been filed after rejection of the second bail application of the appellant by the court below. In the first criminal appeal of the appellant, the rejection order was different and this appeal has been filed against a different bail rejection order dated 30.06.2022 which has been passed after rejection of the first criminal appeal of the appellant by the order dated 05.04.2022 by another coordinate Bench of this Court. He has submitted that the provisions of Chapter V, Rule 13 of the Rules of Court do not contemplate or provide for posting of subsequent criminal appeal of an accused implicated under the provisions of SC/ST Act for hearing before the same Bench. He has submitted that this appeal requires to be heard by this Court which is currently having jurisdiction for hearing the same.

7. After hearing the rival contentions, this Court finds that before proceeding further, it is required to be decided whether once an appeal under Section 14-A (2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been dismissed by one Bench of this Court, then after rejection of second bail application by the court below, the Criminal Appeal preferred again before this Court, but against a different rejection order, would be heard by the same Bench which dismissed the earlier appeal and is sitting in different jurisdiction or shall be heard by the Bench which is currently having jurisdiction to hear the same. The relevant provisions necessary for deciding this controversy are Section 14-A(2), SC/ST Act and Chapter V, Rule, 13 of Rules of Court which are quoted herein below;-

14A. Appeals. (2) Notwithstanding anything contained in subsection (3) of Section 378 of the Code of Criminal Procedure, 1973 (2 of 1974) an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting refusing bail.

13. Subsequent application on the same subject to be heard by the same Bench:-No application to the same effect or with the same object as a previous application upon which a Bench has passed any order other than an order of reference to anothe