Court No. - 53
Case :- APPLICATION U/S 482 No. - 26022 of 2018 Applicant :- Kashif Opposite Party :- State Of U.P And Another Counsel for Applicant :- Firoz Haider 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 is an application under Section 482 Cr.P.C. seeking to quash the NBW dated 24.07.2017 passed by the Chief Judicial Magistrate, Saharanpur in Case No. 10776 of 2018 (State vs. Abdul Subhan), arising out of Case Crime No. 190 of 1999, under Sections 323, 504, 506, 452, 336 IPC, P.S. Kutubsher, District Saharanpur as well as proceedings under Sections 82/83 Cr.P.C. dated 10.05.2018.
It has been submitted that the applicant was on bail but could not reach the court on 24.07.2017 and in consequence 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. as well as the proceeding under Section 82/83 Cr.P.C. is refused.
Considering the aforesaid facts and circumstances, particular, 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 :- 31.7.2018 Imroz