Court No. - 49
Case :- APPLICATION U/S 482 No. - 9929 of 2018
Applicant :- Arshad
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shoab Qumar Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal 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 to quash the Non Bailable Warrant dated 30.01.2018 in Criminal Case No. 352 of 2015, arising out of Case Crime No. 01-A of 2015, under Sections- 323, 325, 452, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Deogaon, District- Azamgarh, pending before the Chief Judicial Magistrate, Court No.10, Azamgarh.
Learned counsel for the applicant submits that the applicant had earlier approached this Court for a similar prayer by means of Application U/s 482 Cr.P.C. No. 40538 of 2017, the same was disposed of with the following direction:
"For a period of 45 days from today or till the applicants surrender and apply for 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. The trial court is directed to take a written undertaking to the effect that he will sought no adjournments and render all possible conclusion in expeditious disposed of the trial. The trial court is expected to speed up the trial and make all possible endeavour to conclude the trial.
With the aforesaid directions, this application is finally disposed of."
Learned counsel for the applicant submits that the applicant could not comply with the aforesaid order due to unavoidable circumstances. Hence, the non-bailable warrant has been issued against him.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days and no more from today and apply for bail, his prayer for bail 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 judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days and no more, from today, the non- bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 28.3.2018 Lbm/-