Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9035 of 2021 Applicant :- Param Hansh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned AGA for the State.
From the record, it is evident that the applicants have approached this Court straightway without their anticipatory bail rejected from the court below.
This is a shocking state of affairs that the applicants are seeking anticipatory bail in summoning order which was passed on 01.02.1994 against the applicants in complaint case no. 79 of 2012, under Sections 147, 379, 504 and 506 IPC, P.S. Mahuli, District Sant Kabir Nagar.
Submission made by the counsel that Bench of this court has stayed the further proceeding in the aforesaid complaint case on 22.03.1994, but interestingly and surprisingly the parent interim order is not on record and since then by a cryptic order the proceedings of complaint case remained stayed almost 26 years. In the light of the jdugement of Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. and other Vs. Central Bureau of Investigation decided on 28.03.2018, which reads as under :-
"Situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy was required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings were held up. At times, proceedings were adjourned sine die on account of stay. Even after stay was vacated, intimation was not received and proceedings were not taken up. It was directed that in all pending cases where stay against proceedings of civil or criminal trial was operating, the same would come to end on expiry of six months from today unless in exceptional case by speaking order such stay was extended. In cases where stay was granted in future, same would end on expiry of six months from date of such order unless similar extension was granted by speaking order."
Relying upon the aforesaid judgment of Hon'ble Apex Court, learned C.J.M. Sant Kabir Nagar has vacated the interim order and directed the applicant to participate in the complaint case.
Now again, the applicant came before this Court by means of Anticipatory Bail Application, the Court is not at all inclined to exercise the power under Section 438 Cr.P.C., accordingly, the present anticipatory bail application is hereby rejected.
Since the complaint case is of 1994 and taking the advantage of glitches the applicant has succeeded to linger on the matter for 27 good years. The Court is not at all inclined to give any relaxation to the applicant.
Keeping in view the complaint case was instituted in the year 1994, the court concerned is directed to take up the matter on the top priority and would try to conclude by 31.12.2021.
The applicant is also directed to surrender and participate in the proceeding without any adjournments.
The registry is also directed to transmit the copy of this order to the court concerned within a week.
Order Date :- 29.7.2021 Abhishek Sri.