Court No. - 53
Case :- APPLICATION U/S 482 No. - 20020 of 2018 Applicant :- Sushil Kumar Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar,Meraj Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant 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 18.12.2017 passed by the learned Judicial Magistrate-I, Jaunpur in Case Crime No.452 of 2015, under Sections 147, 148, 149, 452, 188, 283, 286, 297, 307, 323, 332, 336, 341, 353, 427, 435, 504, 506 IPC, Section 7 Criminal Law (Amendment) Act and Section 3/4 Prevention of Damage to Public Property Act, PS Sujanganj, District Jaunpur. It is further prayed that a direction may be issued permitting the applicants to appear before the court below within a stipulated period of time.
It has been submitted that lapse has occurred because of non- communication and lack of awareness on the applicant's part about the pendency of these criminal proceedings. He has upon coming to know of the pendency of the criminal case all intention to submit to the process of law and pray that he may be granted indulgence to surrender and seek bail within a stipulated period of time.
Considering the aforesaid facts and circumstances, it is directed that in case the applicant appears and surrenders before 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 & 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 applicant. 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 :- 31.5.2018 Shahroz