Court No. - 70
Case :- APPLICATION U/S 482 No. - 16112 of 2019 Applicant :- Anil Opposite Party :- State Of Up Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 25.3.2019 passed by learned Additional Sessions Judge, court No. 6, Bulandshahar in Sessions Trial No. 71 of 2019 (State vs. Jogesh and others) arising out of Case Crime No. 182 of 2014, under Sections 147, 148, 392, 307, 342, 332 IPC and Section 7 Criminal Law Amedment Act, police station Jahangirabad, district Bulandshahar.
It is submitted by learned counsel for the applicant that the applicant was granted bail on 22.10.2014 by the Sessions Judge, Bulandshahr. Since, the applicant is posted in Army at Kashmir, therefore, due to want of sanction of leave, he could not appear on the date fixed in the trial, and on account of his non apperance on 25.3.2019, his bail has been cancelled and non bailable warrant has been issued against him.
Learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned non-bailable warrant dated 25.3.2019 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. Learned counsel for the applicant further stated at the bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the recall of N.B.W/bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for recall of N.B.W./bail application, the same shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days from today, no coercive action shall be taken against the applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.4.2019 Sumaira