Court No. - 53
Case :- APPLICATION U/S 482 No. - 28653 of 2018 Applicant :- Smt. Meera Devi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Applicant had earlier challenged the charge-sheet by an application u/s 482 Cr.P.C. No. 32698 of 2016 wherein this Court while refusing to quash the charge-sheet passed the following order granting concession in the matter of surrender and seeking bail in the following terms:-
"However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 judgment 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 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them."
This application has now been filed seeking to challenge an order dated 3.7.2018 passed by the learned Additional Chief Judicial Magistrate issuing non bailable warrants returnable on 4.8.2018. The impugned order being merely a process that has not been challenged on any substantive ground no case for interference with the impugned order issuing non bailable warrants is made out. The prayer for quashing the same is refused. At this stage, learned counsel for the applicant has come up with a plea that he may be granted some time to surrender with protection against coercive processes. On being confronted with the question that this concession had already been granted to him vide order dated 26.10.2016 passed in application u/s 482 Cr.P.C. No. 32698 of 2016 which he did not avail and thus, would forfeit his right to any further indulgence, the learned counsel for the applicant has pointed out on the basis of averments made in paragraph 10 and 11 of the affidavit filed in support of the present application that the order of this Court passed in application u/s 482 Cr.P.C. No. 32698 of 2016 was never uploaded and has not been uploaded till date, on account of which the learned counsel did not have any knowledge or information about the said order. He submits that the applicant and his counsel did their best to seek a copy of order in time but failed on account of which they could not take any steps in the matter. This, thus, make some difference to the matter.
Considering the aforesaid facts and circumstances of the case, it is provided that if the applicants appear and surrender before the court below within 30 days 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 from today or till the applicants surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 24.8.2018 BKM/-