Court No. - 49
Case :- APPLICATION U/S 482 No. - 28994 of 2018 Applicant :- Smt. Sadhana Pathak Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard counsel for the applicant and learned A.G.A. for the State.
The present application has been filed against the order dated 14.08.2018, in so far as the learned court below has cancelled the bail of the applicant; forfeited the bail bonds of the applicant and issued non-bailable warrant against her.
Learned counsel for the applicant submits that indisputably the trial is of the year 2017 and not old. It is then stated that discharge application filed by the applicant was first rejected on 02.06.2018. Thereafter, the matter was fixed for 18.04.2018, on which date the applicant was found present and her presence was recorded on the order-sheet. However, the case was adjourned on account of an adjournment application filed by another accused. Then the case was fixed on 16.07.2018, on which date the Court was not available and thereafter, the case was fixed on 14.08.2018.
On 14.08.2018, it is submitted that though the applicant was present in Court, however, she had gone to attend to the call of nature at the exact time when the case was called out. Therefore, she was absent at that time. Such fact was informed to the Court by co-accused Jiya Lal.
In this regard in paragraph 39 onwards of the affidavit filed in support of present application, it has been specifically stated that the applicant was present in Court on 14.08.2018 and she had also appeared before the court below after the order had been passed. However, the learned court maintained its order dated 14.08.2018 and the application for recall of that order was not entertained.
The exact facts and claim made by the applicant apart, from the perusal of the order dated 14.08.2018, it appears extremely harsh, that the applicant's bail has been cancelled; bail bonds have been forfeited and non-bailable warrants have been issued, upon a single default of the applicant that too when on the three proceeding dates the applicant was present in the Court proceeding.
Consequently, the order dated 14.08.2018, to the extent the learned court below has cancelled the bail of the applicant; forfeited the bail bonds and issue non-bailable warrant against the applicant is hereby set aside.
Subject to the above, applicant undertakes to appear before the learned court below on the next date fixed on 24.08.2018 and that she will not seek any long or undue adjournments.
Applicant shall continue to be entitled to the benefits of the bail order as was existing on 14.08.2018.
The present application thus disposed of.
Certified copy of this order be issued to the applicant today itself.
Order Date :- 21.8.2018 Jitendra