Court No. - 44
Case :- APPLICATION U/S 482 No. - 28663 of 2018 Applicant :- Sattar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akshaya Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Akshaya Kumar, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the entire proceedings of Complaint Case No. 197 of 2017 (Smt. Shakeela Vs. Sattar and others), under sections 323, 504, 506 IPC, P.S. Pakwada, District Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Moradabad.
Learned counsel for the applicants fairly submits that non- bailable warrants have been issued against the applicants, vide order dated 25.5.2018. He further submits that the applicants are ready to appear before the Court below, if some indulgence may be granted by this Court to enable the applicants to surrender before the Court below.
Considering the bona fide of the applicants, it is hereby provided that the execution of the non-bailable warrants issued against the applicants shall remain in abeyance till 30.09.2018. The applicants shall appear before the Court below on or before 30.09.2018. In case, the aforesaid direction is complied with, the Court below shall decide the bail application of the applicants expeditiously in the light of the law laid by this Court in the case of Brahma Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
However, in case of default, the interim protection granted to the applicants as well as the direction issued to the Court below to decide the bail applications of the applicants expeditiously, both shall stand automatically vacated. The Court below shall thereafter proceed against the applicants in accordance with law.
With the aforesaid directions, this application is disposed of.
Order Date :- 6.9.2018 HSM