Court No. - 10
Case :- APPLICATION U/S 482 No. - 19962 of 2018 Applicant :- Musharraf Khan And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicants and Shri D.P.S. Chauhan, learned A.G.A. assisted by Shri Mayank Awashthi, Brief Holder.
The case of the applicants is that an FIR was lodged against them under Section 324, 323 and 506 I.P.C. bearing FIR No. 16 on 4 January 2018 in P.S. Hafizganj, District Bareilly. In respect of the offences mentioned in the FIR, the applicants have already granted bail on 11 January 2018 and the bail order has been enclosed as Annexure No. 2 to the affidavit filed in support of the application. Before the Court of Additional Chief Judicial Magistrate, Court No. 6, Bareilly, the Investigating Officer, by means of an application dated 19 May 2018, enclosed as Annexure No. 3 to the affidavit, has prayed for taking the applicants in judicial custody under Section 308 I.P.C.
It is contended that since the applicants are already on bail under the provisions of 324, 323, 506 I.P.C., therefore, they are entitled to bail with regard to the offence under Section 308 I.P.C.
Learned A.G.A. has stated that the appropriate course for the applicants is to approach the court below for grant of bail and no application under Section 482 would be maintainable for that purpose.
We are inclined to agree with the objection raised by the learned A.G.A. However, in case the applicants appear before the court below within a period of fifteen days from today along with a certified copy of the order passed today with an appropriate bail application, the learned court below shall consider and decide the same expeditiously keeping in view the observations made by this Court in Amarawati and another Vs. State of U.P. reported in 2005 (1) AWC 416 as well as judgement passed by the Hon'ble Apex Court reported in 2009 (4) SCC 437 Lal Kamlendra Pratap Singh Vs. State of U.P. provided there is no legal impediment.
Till the period of 45 days from today or till the disposal of the bail application, whichever is earlier, no coercive steps be taken against the applicants.
It is being made clear that in view of the indulgence granted by the Court today, the applicants shall not be entitled for any extension of the period granted aforesaid.
With the aforesaid observation, this Application is disposed of.
Order Date :- 31.5.2018 A. V. Singh (Jayant Banerji,J.)