Learned A.G.A. has put in appearance on behalf of the State. Appearance has also been put in on behalf of the opposite party no. 2 by filing Vakalatnama, which, under the peculiar facts and circumstances of the case, is taken on record.
Heard learned counsel for both the parties and perused the material placed on record.
One F.I.R. was lodged in the matter and after investigation final report was submitted, which was, however, rejected by the learned Magistrate and by means of order dated 20.03.2005 a direction was issued for further investigation in the matter and thereafter the charge sheet was submitted under Sections 467, 468, 420 I.P.C. but the petitioners have not put in appearance till date.
Concededly for quashing of the charge sheet, a petition under Section 482 Cr.P.C. was filed before this Court which was dismissed. Thereafter, this order was challenged before Hon'ble the Apex Court which too was not impressed and rejected the prayer. On the other hand the aforesaid order dated 20.03.2005 was challenged by means of a revision before the learned Sessions Judge along with an application under Section 5 of the Limitation Act. Learned Sessions Judge found an inordinate delay of 3 years and 69 days and therefore, rejected the application on 27.01.2009. It is said that on 17.08.2009 warrant has been issued in this case. It is also submitted that the petitioners being law abiding citizens now intend to appear before the Court below to participate in the proceedings and it is said that out of the six petitioners, petitioner no. 4 & 6 are aged about 84 years 86 years, as such, have become quite infirm.
In view of the above, it is provided that if the petitioners nos. 4 & 6 appear before the Court below and apply for bail, their bail applications shall be considered keeping in view their old age and infirmity, in view of the relevant provision contained in Section 437 Cr.P.C. in respect of granting bail in favour of such persons and also keeping in mind the observations made in the case of Smt. Amrawati and another Vs. State of U.P. 2004 CBC Page 705 and Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (1) JIC 677.
The remaining petitioners shall appear before the court below to participate in the proceedings within the aforesaid period of two weeks and if they do so, their bail applications may be considered expeditiously.
Petition stands disposed of with the aforesaid observation and direction. Order Date :- 22.1.2010 ML/-