Court No. - 45
Case :- APPLICATION U/S 482 No. - 46898 of 2018 Applicant :- Ashraf Hussain And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and the learned A.G.A.
I do not find any merit in this application warranting interference in inherent jurisdiction.
At this stage the learned counsel for the applicants made a prayer that the bail application of the applicants in S.S.T. No.764 of 2018 (State Vs. Ruby and others) arising out of Case Crime No.454 of 2017, under Sections 420, 406, 120B, 34, 504, 506, 452 I.P.C and Section 3(1) (D), 3(1) (Dh) SC/ST Act, Police Station Kanth, District Moradabad be ordered to be considered expeditiously, if possible on the same day by the Court below.
After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the Courts below within 45 days from today and apply for bail, then their bail application shall be considered and decided in view of the 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 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
Till then no coercive action shall be taken against the applicants.
However, in case applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.
Order Date :- 21.12.2018 SS