Court No. - 52
Case :- APPLICATION U/S 482 No. - 9896 of 2018 Applicant :- Gurvinder Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Archit Mandhyan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the order dated 17.2.2018 passed by A.C.J.M., Meerut, non-bailable-warrant and section 82/83 Cr.P.C. issued against the applicant and further proceeding in Case Crime no. 76/96 (Harvansh Singh vs. Gurvinder and others) u/s 147, 148, 149, 323, 504, 506, 427 IPC, P.S. T.P. Nagar, District Meerut.
The contention of the counsel for the applicant is that that the applicant was appearing in the trial which is pending since 1997 and in the year 2013 he has suffered from massive paralysis attack and he was advised for completely bed rest for five years and on account of which he could not take part in the court proceeding, thereafter process u/s 82/82 and NBW have been issued by the trial court, in respect thereof certified copy of the medical papers have been annexed.
The prayer for quashing the order impugned is refused.
Be that as it may; it is provided that if the applicant files an application for recalling of the non-bailable-warrant and process u/s 82/83 Cr.P.C. issued against him within three weeks from today along with documents and reasons for abscondance, the trial court shall take into account the medical papers and dispose of recall application as expeditiously as possible, in accordance with law or in case, 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 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the disposal of the application for grant of bail 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.
The trial court is also directed that since the proceedings are very old and are pending since 1997, the same shall be concluded on day to day basis within a period of nine months from the date of production of the certified copy of the order.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 28.3.2018 Dhirendra/