Court No. - 53
Case :- APPLICATION U/S 482 No. - 14091 of 2018 Applicant :- Amit And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Jee Saxena,Raghuvansh Chandra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Raghuvansh Chandra, learned counsel for the applicants and Sri Shaymdhar Yadav, learned AGA appearing for the State.
This is an application filed under Section 482 Cr.P.C. seeking to quash the order dated 08.02.2018, passed by A.C.J.M., Court No.10, District Meerut in Case No.2267 of 2017 (State Vs. Amit & Anr.), under Sections 354, 354B, 324 I.P.C. arising out of Case Crime No.835 of 2013, P.S. Medical, District Meerut forfeiting the bail bonds and issuing non bailable warrants against the accused applicants or may pass such other and further order as the Hon'ble Court may deem fit and proper under the circumstances of the case.
It has been submitted that the applicants were on bail but could not reach the court on 08.02.2018 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicants' control and they are law abiding citizen who wish to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicants were on bail, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati & Anr. 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.
For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 24.4.2018 Shahroz