Heard the learned counsel for the applicants and the learned AGA and perused the record.
Learned counsel for the applicant submitted that no offence is made out against the applicants on the perusal of the application under section 156 (3) of the Code of Criminal Procedure. Without expressing any opinion in this regard, it is provided that the applicant may move an application for discharge before the trial Judge. If any such application is moved, the trial Judge shall give due consideration thereof and pass appropriate speaking order thereon.
Learned counsel for the applicants submitted that the applicants, being law abiding citizens, want to appear before the courts below and seek bail, therefore, they may be provided some interim protection.
It is, therefore, provided that if the applicants namely Maqsood Hasan alias Mazhar Siddiqui and Subhash Chandra appear before the courts below and apply for bail within one month from today, their bail application in Criminal Case no. 601 of 2009 (State v Maqsood Hasan alias Mahzhar Siddiqui & others) arising out Case Crime No. C-35 of 2009, under sections 419, 420, 409, 467, 468 and 411 IPC, P.S. Dhebrua, District Sidharthnagar shall be considered and disposed of by the courts below in the light of the principles laid down by the Apex Court in the case of Lal Kamlendra Pratap Singh versus State of U.P. & others (2009) 4 SCC 437.
Till the surrender of the applicants before the Magistrate or expiry of the aforesaid period of one month, whichever is earlier, the applicants shall not be arrested.
With the aforesaid observations, the petition under section 482 CrPC is disposed of.
Order Date :- 2.4.2010 shailesh