Court No. - 62
Case :- APPLICATION U/S 482 No. - 19255 of 2018
Applicant :- Arjun Jat
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 29.3.2018 passed by District & Session Judge, Sambhal at Chandausi in S.T. No. 1225 of 2015 (State vs. Arjun) arising out of case crime no. 410 of 2015 under Sections-307, 420, 413, 414 IPC & 41/102 Cr.P.C. P.S.-Chandausi, District-Sambhal pending in the court of Session Judge, Sambhal at Chandausi with a further prayer to stay the proceedings of the aforesaid case.
It has been submitted by the learned counsel for the applicants that in the aforesaid case applicant was on bail. Learned counsel further submits that during trial applicant could not appear before the Trial Court on the date fixed because his cousin grand father was died and Trial Court without giving single opportunity to correct mistake has issued the N.B.W. against the applicant and also cancelled the bail granted by this Hon'ble Court. Learned counsel lastly submits that applicant is the law abiding citizen, who wishes to submit to the process of law, surrenders and seek bail afresh.
The prayer for quashing the proceedings of aforesaid case and order impugned is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and apply for bail, then the bail application of the applicant shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till disposal of bail application, operation of the NBW shall remain stayed.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2018 S Rawat