(Criminal Misc.Application No.69410 of 2020) This application has been moved by the applicant praying that the time which was provided to the applicant for the purpose of surrender before the trial court be extended further.
It has been contended by learned counsel for applicant that due to the nationwide lock down in view of spread of Covid-19 pandemic he could not surrender before the trial court and this application for extension of time was moved by him on 09.11.2020 and could only be listed before this Court today.
It has been further submitted that the applicant is ready to appear before the trial court, therefore, reasonable time be granted to him so that he could take advantage of order dated 27.7.2020 passed in Petition U/s 482/378/407 No.-1681 of 2020.
Learned Additional Government Advocate opposes the prayer on the ground that the applicant has himself violated the terms of order dated 27.07.2020 and, therefore, he cannot be provided any concession.
Having heard learned counsel for parties and having perused the record of Petition U/s 482/378/407 No.-1681 of 2020, it is evident that on 27.07.2020 this Court has passed the following orders :
"Heard learned counsel for applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant- Bhanu Prakash to quash the entire proceeding of the Case i.e. S.T. No. 416/2019, Crime No. 156/2019, under Sections 323/ 504 IPC and 3(1) (Da) and 3 (1) Dha) of S.C. S.T. Act, relating to Police Station Neem Gaon, District Kheri as well as impugned summoning order dated 6.11.2019 and charge sheet dated 4.6.2019.
Learned counsel for applicant after arguing for sometime submits that, the grievance of the applicant may be satisfied, if any suitable direction is given to the trial court to dispose of the bail application of the applicant, expeditiously.
Learned A.G.A. would have no objection to the prayer made by learned counsel for applicant.
A seven judges Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017 have given various directions to criminal Courts for expeditious disposal of Bail Applications. The ratio of above mentioned decisions is quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail application should be decided, expeditiously.
In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the request of learned counsel for the applicant, the application is disposed of with a direction tot he trial Court that if the applicant appears and surrenders before the Court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously by the Courts below in accordance with law.
Order Date :- 27.7.2020"
Having regard to the submissions made by learned counsel for applicant, the application moved by the applicant for extension of time is disposed of with direction to the trial court that if the applicant Bhanu Prakash appears and surrenders before the trial court within five days from today and applies for bail, his prayer for bail may be considered and decided expeditiously by the trial court in accordance with law.
Having regard to the fact that only five days' time is granted to the applicant to appear before the trial court, it is also provided that learned counsel for applicant may download the copy of this order from the official website of this Court and after self attesting it, may produce the same before the trial court and the trial court, in turn may again verify the same from the official website of this Court and thereafter may take the applicant into custody and proceed to dispose of the bail application expeditiously.
Order Date :- 28.1.2021 Irfan