Court No. - 53
Case :- APPLICATION U/S 482 No. - 25980 of 2018
Applicant :- Mahaveer Singh
Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava 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 application has been filed with a prayer to quash the order issuing non bailable warrant dated 01.06.2013 passed by the learned Special Chief Judicial Magistrate, Agra in Case No. 4469 of 2009 'State vs. Rajan and others' (arising out of Case Crime No. 204 of 2004) under Sections 420, 467, 468, 471 IPC, P.S. Sikandra, District Agra, pending in the court of learned Special Chief Judicial Magistrate, Agra.
It has been submitted that the applicant was on bail but could not reach the court on 01.06.2013 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 applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in 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 apply 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 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 applicants surrender whichever is earlier, 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 Deepak