Court No. - 49
Case :- APPLICATION U/S 482 No. - 14016 of 2018
Applicant :- Hardeo
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 04.04.2018 passed by the learned Chief Judicial Magistrate, Azamgarh in Case No. 4089 of 2016, arising out of Case Crime No. 295 of 2015, under Sections- 143, 379, 427, 504, 506 I.P.C., Police Station- Kotwali, District- Azamgarh.
Learned counsel for the applicant submits that the applicant and three others earlier approached this Court by means of Application U/S 482 No. 4293 of 2017 which was disposed of with the following direction:
"The prayer for quashing the proceedings and charge sheet is refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants 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 judgment 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 applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of."
Learned counsel for the applicant submits that the applicant could not comply with the aforesaid order in view of the fact that the applicant's wife was seriously ill and that she died on 13.03.2017. However, the other accused applied for bail and they had been enlarged on bail accordingly.
Thereafter, it is submitted that the applicant could not approach this Court to seek further direction to apply for bail because he himself fell seriously ill having suffered from tremors.
It is thus submitted, if one more opportunity is granted to the applicant, he would be able to comply with the order dated 09.02.2017.
Accordingly, fifteen days further time is granted to the applicant to comply with the earlier order dated 09.02.2017 passed by this Court.
The present application is disposed of with the aforesaid observation.
Order Date :- 24.4.2018
A. Singh