Court No. - 53
Case :- APPLICATION U/S 482 No. - 19642 of 2018 Applicant :- Kurbaan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 09.03.2016 issued against the applicants in ST No.348 of 2010 (State Vs. Kurban & Ors.) arising out of Case Crime No.240 of 2009, under Sections 147, 323, 504 IPC & Section 3(1)X SC/ST Act, PS Sarai Mamrez, District Allahabad.
It has been submitted that the applicants were on bail but could not reach court on 09.03.2016, 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 applicants' control and they are law abiding citizens who wish to submit to the process of law, surrender and seek bail afresh.
The prayer seeking to quash the non-bailable warrants is refused.
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 down by this Court in the case of Amrawati & Anr. 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 applicants. 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 :- 30.5.2018/Shahroz