Court No. - 49
Case :- APPLICATION U/S 482 No. - 32005 of 2018
Applicant :- Mahendra Pal Singh
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant 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 27.1.2018 passed by Additional District Judge, Court No.4, Etah in S.T. No. 143 of 2016 (State Vs. Mahendra Pal), arising out of Case Crime No. 46 of 2013, under Sections 147, 148, 149, 307, 393, 224, 225, 332, 353, 504, 506 IPC, Police Station Raja Rampur, District Etah.
3. Learned counsel for the applicant submits that while the co-accused had been enlarged on bail, the applicant could not appear on account of lack of knowledge. In such circumstance, non-bailable-warrant has been issued.
4. Having heard the learned counsel for the applicant 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 applicant 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 applicant appears and surrenders before the court below within 30 days from today and applies 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 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 applicant shall be kept in abeyance.
7. The present application stands disposed of.
Order Date :- 17.9.2018 Mini