Court No. - 39
Case :- CRIMINAL REVISION No. - 2217 of 2019 Revisionist :- Akshay Dalabh Opposite Party :- State Of Up And Anr Counsel for Revisionist :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the revisionist, learned Counsel for the State and perused the record.
This criminal revision is preferred by the revisionist against the judgment and order dated 20.5.2019 passed by Civil Judge (S.D.)/A.C.J.M. Sambhal situated at Chandausi in Complaint Case No.167 of 2019, (Navneet Kumar Sharma Vs. Akshay Dalabh) under section 420 I.P.C., Police Station-Sambhal, District-Sambhal whereby the court below has rejected the discharge application filed by the revisionist and issued non bailable warrant against him.
At the outset, learned counsel appearing on behalf of the revisionist on instructions submitted that he does not want to press the prayer made in the revision referred above and submitted that some protection may be granted to the revisionist in case he surrenders before the concerned court and his bail application be decided in the light of Amarawati Versus State of U.P reported in 2005 Cri LJ 755 (All) as well directions given by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Versus State of UP and Ors reported in 2009 (4) SCC,437.
Per contra, learned counsel for the State and Shri.Shams Uz Zaman, learned counsel appearing on behalf of the O.P. No.2 submitted that this Court vide order dated 21.1.2019 in application under Section 482 No.1028 of 2019 has already expedited the trial.
Considered the submissions.
Prayer made in the revision is rejected.
The directions given by the Full Bench of this Court in Amarawati (supra) as well as directions given by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh (supra) which are on the issue of (I) to follow the directions passed by Hon'ble Supreme in the matter of Joginder Kumar Versus State of UP reported in 1994 (4) SCC,260, (II) Trial Court to take all endeavour to decide a bail application preferably on the same day and (III) to grant interim bail in appropriate cases pending disposal of final bail application, are very explicit and to be followed mandatorily in letter and spirit.
A copy of the said judgments have already been circulated to all the district courts of State of Uttar Pradesh under the orders of Hon'ble Supreme Court and this Court, therefore to repeat such direction by way of another order from this Court is neither necessary nor warranted.
In case appropriate application is filed, by the revisionist, the Trial Court shall decide the same strictly in accordance with law.
Considering the facts and circumstances of the present case, it is directed that in case the revisionist surrenders before the concerned trial court within two weeks from today and applies for bail, the trial court will decide his bail application in accordance with law.
For a period of two weeks from today, no coercive action shall be taken against the revisionist.
It is made clear that no further protection on any ground what so ever will be granted beyond the period above mentioned and in case revisionist chooses not to surrender within the two weeks from today, the Trial Court is directed to take all the coercive measures in accordance with law against him.
With the aforesaid directions, this revision is disposed of. Order Date :- 3.6.2019 SB