Court No. - 25
Case :- APPLICATION U/S 482 No. - 5916 of 2019 Applicant :- Madan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Jee Saxena,Raghuvansh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the applicant and learned AGA.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 5.12.2017 and stay the further proceedings of Sessions Trial No.1087 of 2015 (State Vs. Ravindra) arising out of Case Crime No.416 of 2014, under Section 307 IPC, P.S. Inchauli, Meerut, pending in the court of Additional Sessions Judge, Court No.15, Meerut.
Learned counsel for the applicant submits that the applicant is willing to surrender before the court below and he recasts his relief accordingly. He does not press for the reliefs sought for in the instant application.
The only prayer made by learned counsel for the applicant is that bail application of the applicant may be decided expeditiously in the light of law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgement entered by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
In view of the facts and circumstances of the case, it is provided 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 the light of the law laid down by this Court in the case of Amrawati and another Vs. State of U.P. (supra) as well as judgement rendered by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. (supra).
For a period of 45 days from today or till the date the applicant surrenders before the trial court whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear and surrender before the court below within the aforesaid period, the Trial Court shall proceed against the applicant in accordance with law and this interim protection shall stand recalled automatically.
With the aforesaid directions, the application is finally disposed of Order Date :- 25.2.2019 Vivek Kr.