Court No. - 53
Case :- APPLICATION U/S 482 No. - 19625 of 2018 Applicant :- Sohanpal And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Rana 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 seeking to quash the impugned order dated 26.07.2016 in Case No.991 of 2008 (State Vs. Bhule Ram @ Gajraj & Ors.) arising out of Case Crime No.369 of 2008, under Sections 147, 308, 323, 427, 504, 506 IPC, PS Babu Garh, District Hapur pending in the Court of the learned Chief Judicial Magistrate, Hapur.
The submission of the learned counsel for the applicants is that they have been implicated mala fide in the instant crime on account a dispute over an agricultural land comprised of Khasra No.1324 between one Jaipal, father of applicant no.3, Sachin and opposite party no.2 and that too on a trivial matter of staking his cow dung over that land. This led to grievous injuries being sustained by Ram Chandra, one of which is a fracture.
Learned AGA has placed much emphasis on the aforesaid injury to say that no case for quashing the impugned order is made out. It is true that so long as as there is material, which is certainly there in this case, the charge sheet cannot be quashed. The prayer for quashing the impugned proceedings is, therefore, refused.
It is further urged by learned counsel for the applicants that in the present crime that was earlier registered under Sections 147, 452, 323, 427 IPC they have already been admitted to the concession of bail vide order dated 13.10.2008 passed by Judicial Magistrate, Hapur.
On account of the fact that Section 308 and 504, 506 IPC have been added, the applicants are again faced with coercive processes. Under the circumstances in case 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 down 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 disposal of the application for grant of bail 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 :- 30.5.2018 Shahroz