Heard learned counsel for the petitioner and learned A.G.A. The present writ petition has been filed by the petitioner for setting aside the impugned order dated 4.11.2009 passed by the Addl. Session Judge, Court no. 5, Agra in criminal revision no.279 of 2008 and order dated 29.8.2008 passed by the learned Additional Chief Judicial Magistrate Court no. 27 Agra in case no. 1017 of 2006 (State Vs. Pramod Bhargava and others) summoning petitioner for facing trial for offence punishable under sections 147, 148, 149, 307, 302 I.P.C. and 7 Crl. Law Amendment Act.
I have heard learned counsel for the petitioner and have perused the record. The order passed by the court below summoning the petitioner does. The w not suffer from any illegality or infirmity warranting any interference by this court rit petition has no merit and it is accordingly dismissed.
However, in case the petitioner surrender before the court below within a period of one month from today the bail application of the petitioner shall be decided as expeditiously as possible without unnecessary delay and if possible on the same day after giving opportunity to the prosecution in the aforesaid crime number for the aforesaid offence in accordance with the law laid down by the Apex Court in case of Lal Kamlendra Pratap Singh Vs. State of U.P.& other reported in (2009) 4 Supreme Court Cases 437 and by the Full Bench of this Court in Smt. Amrawati and another Vs. State of reported in U.P. 2005 Cr.L.J. 755 .
Order Date :- 28.1.2010 R.C.