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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, PANKAJ BHATIA, MOHD. FAIZ ALAM KHAN
In Re- Procedure To Be Followed In Hearing Of Criminal Appeals – Appellant
Versus
State of U.P. – Respondent
Question 1? Question 2? Question 3?
Key Points: - The judgment discusses whether a Chief Judicial Magistrate or other Magistrate can enlarge acquitted/convicted persons on bail when High Court/Appellate Court has issued non-bailable warrants (Section 390 Cr.P.C.) and at what stage this can be done. (!) (!) (!) - It examines whether the High Court can issue general mandatory directions to Magistrates to grant bail in such cases and whether that encroaches on Magistrates’ discretion (and the legality of Allahabad Division Bench orders) (!) (!) (!) (!) - It clarifies admissible modes for securing presence of accused in appeals (summonses, bailable or non-bailable warrants, attachment, etc.) and the appropriate procedural approach (Poosu, Bani Singh, Surya Baksh Singh line) (!) (!) (!) (!) - It addresses the propriety and scope of appointing Amicus Curiae in appeals where the accused or counsel are absent, including in appeals against acquittal or conviction, and the conditions/cases for such appointment (Anokhilal, Bani Singh, Surya Baksh Singh, K.S. Panduranga, Hussainara Khatoon lineage) (!) (!) (!) (!) - It concludes that general blanket directions by High Court cannot supplant judicial discretion and that decisions must be case-specific, with emphasis on ensuring fair trial and presence while upholding victims’ rights (!) (!) (!)
JUDGMENT :
1. We have heard Shri Apoorva Tiwari, Shri Nadeem Murtaza, assisted by S/Shri Wali Nawaz Khan, Harsh Vardhan Kedia and Ms. Smigdha Singh, Shri S.M. Singh Royekwar, assisted by Shri Sumeet Tahilramani, Sri Vikas Vikram Singh, Sri Naved Ali, Sri Rajat Gangwar, Sri Alok Mishra, assisted by Shri Ajeet Kumar Mishra, Sri Ayush Tandon, learned Advocates, as also Dr. V.K. Singh, learned Government Advocate, Sri Umesh Chandra Verma, learned Additional Government Advocate-I, Shri Pawan Kumar Mishra, learned Additional Government Advocate, Sri Shivendra Shivam Singh Rathore, learned counsel for the State, Shri Bhavesh Chandel and Shri Shivang Tiwari, learned counsel at length.
2. This Reference has arisen out of order dated 12.03.2024 passed in Criminal Appeal No.465 of 1999: Surendra Prasad Misra and another Vs. State of U.P. and others, wherein a Division Bench (hereinafter referred to as ‘the Bench at Lucknow’) while hearing the Appeal was apprised of two orders of Coordinate Bench (hereinafter referred to as ‘the Bench at Allahabad’), dated 18.01.2024 passed in Govt Appeal No.454 of 2022: State of U.P. Vs. Geeta Devi and another; and the order dated 19.01.2024 passed in Govt Appe
The court ruled that non-bailable warrants issued for acquitted persons cannot lead to their automatic release on bail by Magistrates, emphasizing the need for judicial discretion and fair trial righ....
The right to legal aid is essential for ensuring timely access to bail for marginalized prisoners, emphasizing the constitutional obligation to uphold personal liberty.
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The conviction was altered from murder to culpable homicide due to mitigating circumstances, highlighting the necessity of procedural fairness in legal representation.
The main legal point established in the judgment is that the appellate court is obligated to hear the appellant or their counsel and go through the records before disposing of the appeal, as per the ....
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The right of the accused to be represented by a counsel is an integral part under Article 21 of the Constitution of India.
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