Court No. - 53
Case :- APPLICATION U/S 482 No. - 19346 of 2018 Applicant :- Suresh Chandra @ Bawali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh 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.
The submission of learned counsel for the applicant is that in Case Crime No. 25 of 2011, the applicant was granted bail in the year 2011 by the Sessions Judge and he has been on bail throughout which he did not misuse. The case remained pending before the Magistrate and was committed to the sessions on 02.06.2015 by the Magistrate. The perusal of the order sheet shows that the case was laid before the Sessions Judge that is to say on 27.04.2015. He issued a non-bailable warrants of arrest going by the fact that the Magistrate had directed the accused to appear before him on 27.04.2015.
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.
Prayer for quashing the N.B.W. is refused.
However, considering the aforesaid facts and circumstances, particularly, 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 applies 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 Supreme 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, 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 :- 29.5.2018 Amit Mishra