Heard learned counsel for the revisionists and perused the impugned order.
This application in revision is directed against the order dated 15.12.2010 passed by Chief Judicial Magistrate, Fatehpur in Case No. 3289 of 2009 (State Vs. Amar Bahadur and others), by which the learned Magistrate has allowed the application filed on behalf of the prosecution for adding section 395 I.P.C. to the offences for which the revisionists are already facing trial.
I have carefully examined the submission advanced by the learned counsel for the revisionists, perused the impugned order as well as other materials brought on record, I find that the Court below after noticing that the revisionists are already being tried for the offences punishable under Section 392 I.P.C. and on the admitted facts, the number of persons who had committed offence under section 392 I.P.C. was five, they were also liable to be trialed under section 392 I.P.C. as well.
The impugned order does not suffer from any illegality or infirmity warranting any interference by this Court.
However, it is directed that the applicants shall appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously keeping 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 judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 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 applicants. However, in case in applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 14.2.2011 arun