Court No. - 49
Case :- APPLICATION U/S 482 No. - 46432 of 2018 Applicant :- Rakesh Mishra Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This petition is filed by the petitioner for quashing the order dated 03.05.2018 passed by C.J.M., Chitrakoot in Case No.4373 of 2014 (State vs. Ram Kishun and others) enhancing section 308 I.P.C. as well as order dated 09.11.2018 passed by learned Sessions Judge, Chitrakoot in Criminal Revision No.36 of 2018 (Rakesh Mishra vs. State of U.P.).
After arguing at some length, learned counsel for petitioner submits that at present the applicant is under meditation and grievance of petitioner would be sufficiently met in case bail application of petitioner is considered expeditiously in accordance with law.
In view thereof, it is provided that if the petitioner surrenders before the Court below within four weeks from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of four weeks, no coercive steps shall be taken against the petitioner.
With the aforesaid, the petition is disposed of.
Order Date :- 19.12.2018 Jitendra (Vivek Chaudhary, J.)