SIDDHARTH
Raghvendra – Appellant
Versus
State of U. P. – Respondent
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 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 along with the bail application filed therewith for enlarging the appellant on bail during the pendency of trial.
5. Learned Additional Advocate Gener
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.
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