Court No. - 71
Case :- APPLICATION U/S 482 No. - 6484 of 2019
Applicant :- Satyendra Singh Gangwar
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Kamal Narayan Yadav,Kamlesh Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned A.G.A.
I do not find any merit in this application warranting interference in inherent jurisdiction.
At this stage the learned counsel for the applicant made a prayer that the bail application of the applicant in Case No.2 of 2018, arising out of Case Crime No.34A / 06, under Sections 409, 414, 420, 467, 468, 471, 477, Section 34, 120B I.P.C and Section 13(2) Prevention of Corruption Act, Police Station Narahi, District Ballia be ordered to be considered expeditiously, if possible on the same day by the Court below.
After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Courts below within 45 days from today and applies for bail, then his bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision 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 Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
Till then no coercive action shall be taken against the applicant.
However, in case applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
Order Date :- 21.2.2019 SS