Court No. - 53
Case :- APPLICATION U/S 482 No. - 31012 of 2018 Applicant :- Jitendra Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Malaviya 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 order of non bailable warrant dated 30.07.2018 passed by the learned Judicial Magistrate in Case No. 251 of 2017 'State vs. Babban and others' (arising out of Case Crime No. 33A/1996) under Sections 428, 435 IPC, P.S. Jamalpur, District Mirzapur.
It has been submitted that the applicant was on bail but could not reach the court on 30.07.2018 and in consequence of which 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.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicants were on bail, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 45 days from today, no coercive action shall be taken against the applicants in the aforesaid case.
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.
Order Date :- 6.9.2018 Deepak