Court No. - 49
Case :- APPLICATION U/S 482 No. - 10360 of 2018 Applicant :- Shameem@Kallu Opposite Party :- State Of Up And Another Counsel for Applicant :- Manish Kumar Kesarwani,Mohd. Kalim Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding as well as non bailable warrant dated 05.02.2018 in Case No. 2709 of 2003 arising out of Case Crime No. 136 of 1996 under Sections 380, 411 I.P.C., Police Station- Deoband, District- Saharanpur, pending before the Addl. Chief Judicial Magistrate, Saharanpur.
Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence non-bailable warrant has been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:
(i) the applicant shall move an application to cancel the non-bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week , thereafter;
(iii) for a period of four weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.
Order Date :- 30.3.2018 Lbm/-