Court No. - 32
Case :- APPLICATION U/S 482 No. - 17574 of 2018 Applicant :- Khushnehal And 12 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the further proceedings of Criminal Case No. 742 of 2013 (State vs. Kaifi and others) arising out of Case Crime No. 702 of 2012 under Sections 147, 341, 427, 504, 506, 353 IPC and Section 3/4 Public Property Damage Act and Section 7 of Criminal Law Amendment Act, P.S. Dumariyaganj, District Siddharth Nagar in pursuance of charge-sheet dated 29.9.2012.
After advancing argument at length, learned counsel for the applicants would submit that applicants would be satisfied in case a direction is issued to the court below to consider the bail application of the applicants in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
Learned A.G.A. would submit that the directions issued by this Court and the Hon'ble Supreme Court is binding upon the court below. A Division Bench of this Court in Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, has already issued direction to all the Sessions Judges of the State of Uttar pradesh, which is being followed. It is, therefore, urged that no fresh direction is required to be given.
This fact is not being disputed by the learned counsel for the applicants.
In regard thereto, application is disposed of as withdrawn with liberty to the applicants to file an appropriate application for bail before the court below within four weeks from date in terms of the decisions rendered in Amrawati (supra) as well as Lal Kamlendra Pratap Singh (supra).
In the event, such an application is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh (supra), strictly in accordance with law. It is clarified that in the event of applicants surrender within ten days from today, no coercive action shall be taken against the applicants pursuant to non-bailable warrants. In the event of default, it will be open for the court below to proceed as per law.
It is clarified that the Court has not considered the contention of the learned counsel for the applicants on merit.
Order Date :- 28.5.2018 S.Prakash