Court No. - 53
Case :- APPLICATION U/S 482 No. - 25145 of 2018 Applicant :- Sohan Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicants and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the non-bailable warrants dated 28.06.2014 issued against the applicants in Case No.855 of 2012-State Vs. Sohan Singh & Anr. (arising out of Case Crime No.407 of 2002), under Sections 384, 504, 506 IPC, PS Narhauli, District Mathura pending before the Additional Chief Judicial Magistrate-IV, Mathura.
It has been submitted that the applicants were on bail but could not reach the court on 28.06.2014 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 applicants' control and they are law abiding citizen who wish to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicants were on bail, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 applicants surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the 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 :- 26.7.2018 Shahroz