Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 5065 of 2018
Petitioner :- Masud Khan And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Shivam Yadav,Akhilesh Singh
Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The present writ petition has been filed against the order dated 5.7.2018 passed by the learned Additional Sessions Judge (court no.9) Meerut in Criminal revision No.385 of 2017 as well as the impugned order dated 4.8.2017 passed by the learned Chief Judicial Magistrate, Meerut in Case No.20076 of 2015 in Case Crime No. 514 of 2012, under Sections 147, 148, 149, 307 and 506 IPC, P.S. Parikshit Garh, District Meerut.
Learned counsel for petitioner submits that the two trials arisen out of the same incident. However, they have been registered in two districts but the incident had occurred on the border. It has further been submitted that at present non bailable warrants appears to have been issued against the petitioners. The petitioners had been pursuing the matter to obtain a transfer of the proceedings to another district and therefore, they could not appear.
Having heard the learned counsel for the petitioners 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 petitioners involves factual disputes and appraisal of evidence.
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 petitioners appear and surrender before the court below within 30 days and no more from today and apply for bail, their 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.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the petitioners shall be kept in abeyance.
The present writ petition stands disposed of. Order Date :- 27.7.2018 Meenu