Court No. - 49
Case :- APPLICATION U/S 482 No. - 7086 of 2018 Applicant :- Aahasan And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the N.B.W. dated 11.12.2017 passed by A.C.J.M. 2nd Saharanpur, in Case No. 5532 of 2017, and Case Crime No. 27 of 1995 (State Vs. Alim and others), under Sections 379, 411, 506 IPC and 26 Indian Foresh Act, Police Station Mirzapur, District Saharanpur.
Learned counsel for the applicants contended that earlier the applicants had been granted bail by the competent court and thereafter they could not appear on a single day before the trial court. Hence, non-bailable warrant have been issued against them. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and that the applicants have every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicants and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the direction:
(i) the applicants shall move an application to cancel the non-bailable warrant issued against them before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicants or to direct the applicants to file fresh bail bonds within a further period of one week , thereafter;
(iii) for a period of four weeks from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
In the event of failure, on part of the applicants to act within time as directed above, the Court below may adopt all coercive measures to ensure their appearance.
Order Date :- 28.2.2018 Mini