Court No. - 44
Case :- APPLICATION U/S 482 No. - 30154 of 2018 Applicant :- Pintu Yadav And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiva Kant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Shiva Kant Srivastava, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the order dated 04.08.2018 passed by the Judicial Magistrate, Azamgarh, in Case No. 1027 of 2016 (State Vs. Pintu Yadav and others), arising out of Case Crime No. 128 of 2015, under sections 147, 149, 294, 323, 452, 504, 506, 392 IPC and section 3 (1) X & 3 (1) XI SC/ST Act, P.S. Phoolpur, District Azamgarh.
At the very outset, learned counsel for the applicants submits that the applicants are ready to appear before the Court below, provided some indulgence is granted by this Court.
Considering the bona fide of the applicants, it is hereby provided that the execution of the non-bailable warrants issued against the applicants shall be kept in abeyance till 17.10.2018. The applicants shall appear before the Court below on or before 17.10.2018. In case, the aforesaid direction is complied with, the Court below shall expeditiously decide the bail application of the applicants in the light of law laid down by this Court in the case of Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
However, in case of default, the interim protection granted by this Court as well as the direction issued to the Court below to expeditiously decide the bail application of the applicants both shall stand revoked automatically.
The Court below shall thereafter proceed against the applicants in accordance with law.
With the aforesaid direction, this application stands finally disposed of.
Order Date :- 17.9.2018 HSM