Court No. - 72
Case :- APPLICATION U/S 482 No. - 3171 of 2019
Applicant :- Aftab Malik
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Afzal Ahmad Khan Durrani
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. At the very outset learned counsel for the applicant submits that he wants to surrender and participate in the proceedings pursuant to non bailable warrant impugned herein this application, has been issued. It is further contended that applicant had already obtained bail earlier but due to some personal difficulty could not appear to participate in the proceedings and consequently the non bailable warrant has been issued. He wants that one last opportunity may be afforded to surrender and appear before the court below.
3. As a one time measure it is hereby provided that in case if the applicant surrenders on or before 13.02.2019, his bail application shall be considered in accordance with law and the fact that he was earlier granted bail in the matter. The Court shall exercise its discretion strictly in accordance with the law laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
4. Meanwhile, as one time measure, it is provided that no coercive measures shall be taken against the applicant pursuant to the S.T. No. 681 of 2017 (State of Uttar Pradesh v. Imtiyaz & others) under Sections 395, 412, 120-B I.P.C., Police Station- Link Road, District-Ghaziabad pending in the court of 1st Additional Session Judge, 2nd Ghaziabad till 13.02.2019.
5. This application, accordingly, stands disposed of. Order Date :- 25.1.2019 IrfanUddin