Court No. - 53
Case :- APPLICATION U/S 482 No. - 25590 of 2018 Applicant :- Shyam Dulari Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh 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 application has been filed with a prayer to quash the order of non bailable warrant dated 26.05.2018 passed by the learned Chief Judicial Magistrate, Varanasi in Case No. 175 of 2011 'State vs. Shyam Dulari and others' (arising out of Case Crime No.143 of 2011) under Sections 419, 420, 406, 506 IPC, P.S. Cantt., District Varanasi.
It has been submitted that the applicant was on bail but could not reach the court on 26.05.2018 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 apply 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 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 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 applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
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 :- 30.7.2018 Deepak