Court No. - 17
Case :- APPLICATION U/S 482 No. - 5127 of 2018 Applicant :- Ashkar And 1 Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Mahendra Kumar Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash the impugned orders dated 27.8.2016 and 21.7.2017 issued against the applicants by which non bailable warrants have been directed to be issued against them and also proceedings under Section 82 and 83 Cr.P.C. have been directed to be drawn in S.T. No. 298 of 2010 (State of U.P. Vs. Ashkar and another) arising out of Case Crime No. 805A of 2005 under Sections 323 and 307 IPC, P.S. Mainather, District Moradabad.
Learned counsel for the applicant contends that F.I.R. was lodged on 20.10.2005, whereafter charge sheet was submitted on 29.11.2006 against them, since thereafter continuously they appeared before trial court till 16.5.2016 but they were given to understand that the evidence would not be recorded in near future. There was a mistake on their part in not appearing before the court, hence, the non bailable warrants and processes under Section 82 and 83 Cr.P.C. have been issued against them. They did not deliberately misused the liberty of bail granted to them earlier.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Looking to the fact that the applicants did not appear before the trial court since 16.5.2016, pursuant to which the aforementioned processes have been issued against them. There is no sufficient ground to quash those orders.
Therefore, prayer for quashing the said orders is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 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 :- 22.2.2018 A.P. Pandey