SIDDHARTH
Raghvendra – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. application for bail based on facts of the case. (Para 2 , 4) |
| 2. arguments regarding procedural requirements for bail appeals. (Para 5 , 6) |
| 3. analysis of legal framework governing bail appeals. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. definition of appeal distinguished from application. (Para 16) |
| 5. court's conclusion on meritorious considerations for bail. (Para 18 , 19 , 20) |
| 6. conditions upon granting bail and consequences of breach. (Para 21 , 22) |
| 7. final ruling and appreciation of counsel assistance. (Para 23 , 24 , 25 , 26) |
JUDGMENT
Siddharth, J.
Heard learned counsel for the appellant; learned AG A 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 S
Shakar Kerba Jadhav v. State of Maharashtra 1969 (2) SCC 793
A second criminal appeal against the same order rejecting bail is not maintainable after an initial dismissal under Section 14(A) of the Special Act.
availability of the remedy of appeal under sub-section (2) of Section 14-A of the SC and ST Act, it will not be open for the High Court to exercise the original or concurrent jurisdiction under Secti....
The High Court acts as an appellate court under the Special Act, and a second appeal against the original bail order is not maintainable.
An accused under the SC/ST (POA) Act must follow statutory procedures for bail and cannot directly apply to the High Court after prior denials by the Special Court.
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