Court No. - 49
Case :- APPLICATION U/S 482 No. - 29900 of 2018 Applicant :- Abhishek Sharma @ Sonu And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rakesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and the learned A.G.A.
2. Present application has been moved against the order dated 20.7.2018 passed by the Judicial Magistrate-I Jhansi in Case No. 2207 of 2016(State versus Abhishek Sharma and others) arising out of case crime No. 85 of 2015 under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 D.P. Act, police station Nawabad, district Jhansi, whereby discharge application filed by the applicants has been rejected as not maintainable on account of it having been filed beyond the period provided by this Court by order dated 20.2.2018 in Application U/S 482 No. 5415 of 2018.
3. Learned counsel for the applicants submits that on account of mistake of counsel for the applicants, he could not obtain bail and apply for discharge within 60 days time granted by this Court. It is also submitted that there was some difficulty arising on account of further directions issued by this Court with respect to the matter being referred to the mediation centre in view of the directions issued by the Supreme Court in the case of Rajesh Sharma and others versus State of U.P. and another reported in AIR 2017 (SC) 3869.
4. In view of facts and circumstances stated in the affidavit filed in support of present application, it is felt that some further time may be allowed to the applicants to apply for bail and then seek discharge in accordance with law. Consequently, subject to payment of costs of Rs. 3000/- to the High Court Legal Services Committee the applicants shall have three weeks further time to apply for bail.
5. Once the applicants are enlarged on bail, they will have a right to apply for discharge in accordance with law, which application when filed, may be decided strictly in accordance with law.
6. Present application finally disposed of.
Order Date :- 5.9.2018 faraz