Court No. - 52
Case :- APPLICATION U/S 482 No. - 9547 of 2018 Applicant :- Imran Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.C.Tiwari(Ac) Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri A.C.Tiwari, counsel for the applicant and learned AGA for the State.
The instant application under Section 482 Cr.P.C. has been filed against the impugned order dated 28.2.2018 passed by Additional Session Judge- Ist, Baghpat in S.T. No. 352 of 2015 (State Versus Islam and others) u/s 148, 307/149, 323/149, 504, 506 IPC, P.S. Khekra, District Baghapat whereby applicant has been summoned under Section 319 Cr.P.C. to face trial.
I am not in agreement with the submissions raised by counsel for the applicant that apart from the statement of the witnesses recorded during trial, the trial court has also relied upon the statement of witnesses recorded during investigation. The trial court has not committed any illegality in the order summoning the revisionist u/s 319 Cr.P.C.
The application lacks merit and is accordingly dismissed.
However, it is provided that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail may be considered and decided on same day 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 45 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.
Order Date :- 23.3.2018 MN/-