Court No. - 71
Case :- APPLICATION U/S 482 No. - 2464 of 2019 Applicant :- Shashi Mohan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajan Upadhyay,Ramesh Upadhyaya Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned A.G.A.
The applicant has approached this Court against the order rejecting his discharge application. It has been submitted that the applicant is senior citizen aged about 66 years and has undergone hip replacement. The documents issued by the medical expert have been brought on record. The counsel for the applicant has submitted that the charge-sheet has been submitted after 14 years of the incident and first information report was lodged in the year 1996.
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 Criminal Case No.10 of 2011, arising out of Case Crime No.352 of 21996, under Section 409, 419, 420, 467, 468, 471, 120B I.P.C., and Section 13(1)(2) of the Prevention of Corruption Act, police Station Kotwali, District Azamgrah 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 60 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. The Court below shall also take into account the provision of Section 437 (1) proviso (1), which provides that the Court shall take into account the physical disability of the applicant and consider his bail application as he is a sick and infirm person.
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 :- 22.1.2019 SS