Court No. - 72
Case :- APPLICATION U/S 482 No. - 7268 of 2019 Applicant :- Satveer Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey 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.
By means of this application u/s 482 of the Code of Criminal Procedure, 1973, the applicant has assailed the order of N.B.W. on the ground that he had been participating in the trial but due to some personal difficulty he could not appear before the court below. The court below initially on 24.10.2017 had issued N.B.W. and thereafter it continued. The last order of N.B.W. is 20.12.2018.
This Court formally does not interfere with the N.B.W. in case if an accused is already on bail and does not co-operate with the trial. However, taking lenient view of the matter as one time measure, it is provided that in case the applicant surrenders before the court below on or before 15th March, 2019 and applies for bail, his bail application shall be considered on the ground that he was already enlarged on bail as also in accordance with the settled principles 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.
Till 15th March 2019, no coercive measures shall be taken against the applicant in Case Crime No.109 of 2007, under Sections 147, 148, 452, 323, 324, 504, 506 I.P.C., Police Station Greater Noida, District Gautam Budh Nagar.
However, it is made clear that this protection is one time measure on the undertaking given by the applicant through his counsel before this Court. In the event of default, the interim protection granted hereinabove shall stand discharged.
The application, accordingly, stands disposed of.
Order Date :- 25.2.2019 Anand Sri./-