look news india
Prayagraj, 05 November (HS). The appeal against the conviction and bail hearing of former Samajwadi Party MLA Irfan Solanki and his brother Rizwan Solanki from Sisamau seat of Kanpur should be held not under the Code of Criminal Procedure (CrPC) but under the provisions of the Civil Defense Code (BNSS).
During the hearing of the case on Tuesday, Additional Advocate General Manish Goyal, on behalf of the state government, raised this objection before the court. On this, the court has directed both the parties to file amendment applications. The case will now be heard on November 6. The court has given time to the advocates of the appellant and the state government to file the amendment application. The appeal was not filed under the new law BNNS.
It is known that Irfan Solanki had filed a petition in the Supreme Court demanding early hearing. The Supreme Court had directed the High Court to hear the bail application within 10 days. In the context of the order, a High Court listing application was filed, after hearing which the bench of Justice Rajeev Gupta and Justice Surendra Singh fixed November 5 for hearing. During the hearing, Manish Goyal objected that the case was filed under CrPC. Whereas it should be filed under the new law BNSS. Because the new law has come into effect from July 1, 2024.
The Solanki brothers have been sentenced to seven years imprisonment by the court in the case of burning the house of a Kanpur woman, which they have challenged in the appeal. The state government has also filed an official appeal demanding commutation of the seven-year imprisonment sentence to life imprisonment. Irfan and others have sought to be released on bail pending the appeal against the sentence.