Court No. - 53
Case :- APPLICATION U/S 482 No. - 13860 of 2018 Applicant :- Smt. Shashi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surendra Nath Tiwari,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This is an application filed under Section 482 Cr.P.C. with a prayer to quash the Non-Bailable Warrant order dated 26.02.2018 passed by A.C.J.M., 11, Agra in Crime No.50- A/2006, under Sections 147, 323, 504, 506 I.P.C., P.S.
Lohamandi, District Agra pending in the Court of Additional Chief Judicial Magistrate, 11, Agra in UP AG 04-001764-2006 and the proceedings under Section 82/83 Cr.P.C.
It has been submitted that the applicant was on bail but could not reach the court on 26.02.2018 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati & Anr. 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.
For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 24.4.2018 Shahroz