Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 3129 of 2018 Petitioner :- Padam Chandra Goyal And 7 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vashishtha Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Ref.:-Criminal Misc. Correction Application
Heard Mr. Vashistha Tiwari, learned counsel for the applicants and learned A.G.A. for the State.
This correction application has been filed seeking correction in the order dated 20th July, 2018.
Learned counsel for the applicants submits that at the time of passing of the order dated 20th July, 2018, the Court had observed that a direction shall be issued to the court below to decide the bail application of the applicants expeditiously. However, said observation appears to have been omitted in the order dated 20th July, 2018. He, therefore, submits that the order dated 20th July,2018 be corrected accordingly.
Learned A.G.A for the State on a pointed query of the Court does not dispute the submission raised by the learned counsel for the applicants.
Accordingly, the present correction application is allowed. After the last paragraph of the order dated 20th July, 2018, the following shall also be read in the same:
"Considering the facts and circumstances of the case, it is hereby provided that the court below shall proceed to decide the bail application of the applicants expeditiously in the light of the judgement of this court in the case of Brahm Singh and Ors. Vs. State of U.P. and Others, reported in 2016 (7) ADJ 151. The applicants shall appear before the court below within a period of 45 days from today. In case they do so, the aforesaid directions shall be complied with by the court below.
As an interim measure, it is provided that for a period of 45 days from today, no coercive action shall be taken against the applicants.
However, on failure to appear before the court below as directed above, the interim protection as well as the direction issued to the court below to decide the bail application of the applicants expeditiously both shall stand revoked automatically."
This correction shall form part of the earlier order dated 20th July, 2018.
With the aforesaid directions, the present correction application stands finally disposed of.
(Rajeev Misra, J.) Order Date :- 31.7.2018 Sushil/-