Court No. - 64
Case :- APPLICATION U/S 482 No. - 32563 of 2019 Applicant :- Sarvar Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed for quashing of impugned order dated 29.6.2018 passed by the Chief Judicial Magistrate, Kaushambi whereby non bailable warrant has been issued against the applicant in Case No.6374 of 2009 (State vs. Sarvar and others), arising out of Case Crime No.197 of 1991, u/s 147, 148, 149 and 307 I.P.C., Police Station- Saini, District-Kaushambi.
Heard applicant's counsel as well as learned AGA and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
Applicant's counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within ten days from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that the present order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 26.8.2019 M. Kumar