Court No. - 86
Case :- APPLICATION U/S 482 No. - 46698 of 2019 Applicant :- Mohd. Raish @ Moldahe Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing and staying the effect and operation of the order dated 18.4.2019, passed by C.J.M. Siddharth Nagar/FTC Siddharth Nagar in criminal case no.3230 of 2015, State vs. Mohd. Raish @ Moldahe, case crime no.661/2005, u/s 392, 411 IPC, P.S- Chilahiya, district Siddharth Nagar.
The contention of learned counsel for the applicant is that applicant was in jail in another case, due to which, he could not appear before the court concerned and NBW has been issued by the court on 18.4.2019.
Per contra, learned A.G.A. has opposed the prayer of the applicant by contending that no any good reason has been assigned for his non-appearance.
Considering the submission of learned counsel for the parties, facts and circumstances of the case and perusing the material on record, no case for quashing the impugned order is made out but as alleged that applicant was in jail in another case, due to which, he could not appear before the court concerned and NBW has been issued against him, in view of the above, it is provided 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 as per law, if possible on the same day.
With the aforesaid observation/direction, application under Section 482 Cr.P.C. is, finally, disposed off.
A copy of this order be transmitted to the court below for compliance within one week.
Order Date :- 18.12.2019 m.a.