Court No. - 53
Case :- APPLICATION U/S 482 No. - 24840 of 2018 Applicant :- Babloo Alias Painter Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Puneet Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application has been filed with a prayer to quash the order dated 05.06.2018 passed by the Additional District and Sessions Judge, Court No.1, Ghazipur in S.T. No. 373 of 2008, State vs. Jahangir and others, under Sections 489A, 489B, 489C IPC, P.S. Kotwali, District Ghazipur arising out of Case Crime No. 1162 of 2008.
It has been submitted that the applicant was on bail but could not reach the court on 05.06.2018 and in consequence the process under Section 82/83 Cr.P.C. has 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.
Prayer for quashing the impugned order dated 05.06.2018 is refused.
Considering the aforesaid facts and circumstances, 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 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 45 days from today, no coercive action shall be taken against the applicant in the aforesaid case.
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 :- 31.7.2018 Imroz