Court No. - 72
Case :- APPLICATION U/S 482 No. - 21631 of 2019 Applicant :- Prem Narain Khatik Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Sonkar,Hemendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 04.01.2019 by which non bailable warrant has been got issued against the applicant by learned Additional Session Judge, Court No.6, Jhansi in Session Trial No.384 of 2012 (State Vs. Pappu @ Shiv Kant) pertaining to Case Crime No.282 of 2012, under Sections-147, 148, 323, 504, 302, 307 I.P.C., Police Station-Prem Nagar, District- Jhansi, pending in the court of Additional Session Judge, Court No.6, Jhansi.
3. Learned counsel for the applicant submits that though the applicant could not appear before the learned court below in compliance of the earlier order dated 05.06.2018 passed in Application u/s 482 No.18633 of 2018. It is also a fact that the applicant could not make compliance of that order in view of the grievous injuries suffered by him for which he remained hospitalized from 07.04.2018 to 18.03.2019. Medical papers in this regard have been shown to the Court.
4. Moreover, it has been stated that though the applicant had been summoned under Section 319 Cr.P.C., the opposite party no.2 have later realized their mistake and made a statement in writing in other proceedings to acknowledge that the present applicant was not involved in the occurrence.
5. In view of the entirety of the facts noted above by way of exception, in case the applicant appears before the learned court below within a further period of three weeks and applies for bail, his prayer for bail shall be considered and decided strictly in accordance with law, as expeditiously as possible.
6. With the above observations, the present application is disposed of.
Order Date :- 30.5.2019 S.Chaurasia