Court No. - 53
Case :- APPLICATION U/S 482 No. - 25094 of 2018 Applicant :- Babban Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sheetla Prasad Gound Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA for the State.
This application has been filed under Section 482 CrPC seeking to quash the impugned order dated 17.10.2011 by which non-bailable warrants have been issued against the applicant in Criminal Case No.8404 of 2004-State Vs. Babban (arising out of Case Crime No.481 of 2004), under Section 406 IPC, PS Sahibabad, District Ghaziabad as well as the order dated 01.05.2018 passed by the learned Additional Chief Metropolitan Magistrate, Court No.8, Ghaziabad whereby the proclamation under Section 82 and 83 CrPC have also been issued against the applicant.
It has been submitted that the applicant was on bail but could not reach court on 17.10.2017 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies 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 & Anr. 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 45 days from today or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of. Order Date :- 26.7.2018 Shahroz