Court No. - 53
Case :- APPLICATION U/S 482 No. - 17950 of 2018 Applicant :- Prem Chandra And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Zaid Arshad,Arshad Hamid Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 05.09.2016 in Case Crime No.615 of 2011, under Sections 325, 323, 504 IPC, PS Soraon, District Allahabad pending before the learned Additional Chief Judicial Magistrate Magistrate-IV, Allahabad.
It has been submitted that the applicants were on bail but could not reach the court on 05.09.2016 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicants' control and they are law abiding citizen who wish to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicants were on bail, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati & Anr. Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.5.2018 Shahroz