Court No. - 1
Case :- APPLICATION U/S 482 No. - 24973 of 2018 Applicant :- Arshad Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Javed Khan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Javed Khan, learned counsel the applicant and learned A.G.A. for the State and perused the record The present 482 Cr.P.C. petition has been filed for quashing the non bailable warrant dated 08.08.2017 issued against the applicant in Case Crime No.396 of 2016 in Sessions Trial No. 438 of 2017 (State vs. Arshad Ali) under sections 3/25 Arms Act, Police station Sambhal, District Sambhal issued by the Court of Additional District and Sessions Judge, Court No.9, Moradabad.
Learned counsel for the applicant contended that the applicant has already been granted bail by the competent court and thereafter he could not appear before the trial court on one date, hence non-bailable warrant was issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
After having considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with direction that in case the applicant moves an application for cancelling the non-bailable warrant issued against him before the court below within two weeks from today along with certified copy of this order, in that case, the concerned Court will be at its discretion to pass appropriate order thereon either recalling the non bailable warrant issued against the applicant or directing the applicant to file fresh bail bonds in the aforesaid case as the case may be.
For a period of three weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring his appearance before it.
Order Date :- 25.7.2018 Madhurima