Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 2821 of 2021 Petitioner :- Smt. Priyanka And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Anurag Shukla Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
This petitionl has been filed with prayer to issue a writ, order or direction in the nature of certiorari to call for records of the case and quash the impugned order dated 29.1.2021 passed by Sessions Judge, Kanpur Dehat in Criminal Revision No. 48 of 2017 (Smt. Sangeeta and others vs. Maksoodan).
At the very outset, learned counsel for the petitioners has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another 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.
Considering the prayer of the petitioners and in view of the entire facts and circumstances of the case, it is directed that if the petitioners appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of 30 days from today or till the petitioners surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this petition is finally disposed of.
However, as requested, the petitioners are permitted to appear before the concerned court within a month from today and move an application claiming discharge. The concerned court shall after hearing, decide the application on merits, in accordance with law, within a period which shall not exceed a period of three months from today.
Order Date :- 16.9.2021/Vandana