Court No. - 49
Case :- APPLICATION U/S 482 No. - 42715 of 2018 Applicant :- Sharukh Alias Shahrukh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Ayyuq Hasan Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri M.A. Hasan, learned counsel for the applicant and Sri D.K. Srivastava, learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. challenging the order dated 31.08.2018 whereas non-bailable warrants have been issued against the applicant in Sessions Trial No.50 of 2017 (State Vs. Shahrukh alias Sharukh), Case Crime No.337 of 2016, under Sections 323/325, 506 IPC and Section 3 (1)(10) Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, Police Station- Fatehpur, District Sahranpur.
Learned counsel for the applicant submits that summons were not served upon the applicant and, therefore, applicant could not appeare and non-bailable warrants have been issued against the applicant on 31.08.2018.
Learned counsel for the applicant further submits that the applicant shall appear before the trial court within 30 days from today and move an appropriate application for cancellation of non bailable warrants and grant of bail.
Learned A.G.A. has opposed the application by submitting that the applicant did not appear before the trial court despite service of summons and, therefore, non-bailable warrants have been issued against the applicant and there is no ground for setting aside the order dated 31.08.2018.
I have carefully considered the submissions made by learned counsel for the applicant as well as learned A.G.A. for the State. I have also gone through the material available on record.
Having considering the facts and circumstances of the case, there is no cogent ground to set aside the order dated 31.08.2018. However, in the interest of justice and considering the submissions made by the learned counsel for the applicant, it is directed that the applicant shall appear and surrender before the trial court within 30 days from today in the aforementioned case and move an appropriate application for cancellation of non-bailable warrants and for grant of bail. The trial court will consider the said application, in accordance with law, as expeditiously as possible. No coercive steps shall be taken against the applicant in the aforesaid case for a period of 30 days or till the application filed by the applicant is decided, whichever is earlier. In case, the applicant fails to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. is disposed of.
(Ved Prakash Vaish, J.) Order Date :- 30.11.2018 Radhika