Court No. - 72
Case :- APPLICATION U/S 482 No. - 6543 of 2019 Applicant :- Rizwan Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Mohammad Arshad Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
This application U/s 482 Cr.P.C. is directed against the order dated 29.01.2019 passed by Judicial Magistrate, Court no. 1, Meerut arising out of Case Crime No. 307 of 2018, under Sections 420, 272, 273 IPC, Police Station Phalawada, District Meerut.
At the very outset learned counsel for the applicant submits that he wants to surrender and participate in the proceedings pursuant to non bailable warrant impugned herein this application. He wants that one last opportunity may be afforded to surrender and appear before the court below.
As a one time measure, it is hereby provided that in case if the applicant surrenders on or before 10.03.2019 in compliance of the order dated 29.01.2019, his bail application shall be considered in accordance with law. The Court shall exercise its discretion strictly in accordance with the law laid down by the Full Bench of this Court 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.
Meanwhile, as one time measure, it is provided that no coercive measures shall be taken against the applicant pursuant to the order dated 29.01.2019 passed by Judicial Magistrate, Court no. 1, Meerut arising out of Case Crime No. 307 of 2018, under Sections 420, 272, 273 IPC, Police Station Phalawada, District Meerut till 10.03.2019.
This application, accordingly, stands disposed of.
Order Date :- 21.2.2019 IrfanUddin