Court No. - 53
Case :- APPLICATION U/S 482 No. - 13857 of 2018 Applicant :- Mehtab And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicants and the learned AGA for the State.
This application has been filed with a prayer to set aside the impugned order dated 02.04.2018 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Bijnor in Case No.376 of 2011 (State Vs. Mehtab & Ors.) arising out of Case Crime No.326 of 2010, under Section 3/7 Essential Commodities Act, PS Chandpur, District Bijnor. It is further prayed that a direction may be issued permitting the applicants to appear before the court below within a stipulated period of time.
It has been submitted that lapse has occurred because of non- communication and lack of awareness on the applicants' part about the pendency of these criminal proceedings. They have upon coming to know of the pendency of the criminal case all intention to submit to the process of law and pray that they may be granted indulgence to surrender and seek bail within a stipulated period of time.
Considering the aforesaid facts and circumstances, it is directed that if the applicants appear and surrender before the court below within 45 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 & Anr. 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 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.
With the aforesaid directions, this appliction is finally disposed of.
Order Date :- 24.4.2018 Shahroz