Court No. - 48
Case :- APPLICATION U/S 482 No. - 17209 of 2018 Applicant :- Parul @ Prabhakar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking recall of the non- bailable warrants issued against the applicant and to allow him to remain on the same bail bonds or if the same is not feasible, the fresh bail bonds may be accepted on the same day when the applicant surrenders before the court below in Criminal Case No. 185 of 2017, arising of Case Crime No. 1758 of 2016, under Section 25/4 of Arms Act, P.S. Sahibabad, District Ghaziabad.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
However, a request has been made that the accused wants to surrender in the court below and to move an application for cancellation of warrants or apply for bail and for that some protective direction may be issued.
In view of the facts and circumstances of the case it is directed that in case the accused surrenders and moves an application for cancellation of warrants or apply for bail within two months from today, the same shall be considered and decided in accordance with law.
No coercive measures shall be taken or given effect to in the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 30.5.2018 CPP/-