Court No. - 49
Case :- APPLICATION U/S 482 No. - 32128 of 2018 Applicant :- Kedar Nath And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Sangam Lal Kesharwani Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the non- bailable warrant dated 04.08.2018, passed by Judicial Magistrate, Court no. 1, Agra in Case No. 2298 of 2005 (Laxman Singh Vs. Gutti and others), arising out of Crime No. 254-A of 1999, under Sections- 147, 148, 149, 307, 323, 452, 504, 506 I.P.C., Police Station- Fatehpur Sikri, District- Agra, pending in the court of Judicial Magistrate-I, Agra.
3. Learned counsel for the applicant submits that he is not seeking recall of the order dated 16.03.2018 passed in the earlier application u/s 482 wherein he had questioned the charge-sheet.
4. Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
5. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 30 days and no more 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
6. For a period of 30 days, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
7. The present application stands disposed of.
Order Date :- 18.9.2018 Prakhar