Court No. - 84
Case :- APPLICATION U/S 482 No. - 74 of 2021 Applicant :- Shiv Moorat @ Shiv Murti Singh @ Munna Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bablu Singh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State- opposite parties and perused the record.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the non-bailable warrant dated 23.05.2019 in Sessions Trial No. 87 of 2015 (State vs. Shiv Moorat and another) arising out of case crime no. 428 of 2014, under Sections 272, 273 IPC as well as 60/63 of Excise Act, P.S. Sikandarpur, District Ballia, pending in the court of Fast Track Court-3rd, Ballia.
Learned counsel for the applicant after making submissions to some extent has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer for quashing of non-bailable warrant.
In view of the above, the relief as sought in the instant application is refused.
At this stage counsel for the applicant has made an alternative prayer for a direction to be issued to the court below to consider and decide the bail application of the applicant, expeditiously in accordance with law.
Considering the aforesaid prayer made by the learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the court below in accordance with law keeping in view of the seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 CrLJ 755 as well as judgment of the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437.
For the period of 30 days from today or till the date of appearance of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.
With the above observations and directions, this application under Section 482 CrPC is disposed of.
Order Date :- 6.1.2021 Imroz (Dr. Y. K. Srivastava, J.)