Court No. - 53
Case :- APPLICATION U/S 482 No. - 19415 of 2018 Applicant :- Geetanjali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar 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 N.B.W. dated 28.11.2017 issued by the Additional Sessions Judge, Court No. 7, Meerut in Sessions Trial No. 547 of 2017 (State Vs. Ravindra and Others) arising out of Case Crime No. 547 of 2015 under sections 147, 148, 149, 307, 386 IPC, Police Station - Kankerkheda, District - Meerut.
It has been submitted that the applicant was on bail but could not reach court on 28.11.2017 on account of the fact that the applicant had undergone major operation as stated in paragraph nos. 10 and 11 of the affidavit filed in support of the application and in consequence thereof 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.
Prayer for quashing the N.B.W. is refused.
However, considering the aforesaid facts and circumstances, particularly, 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 :- 29.5.2018 Amit Mishra