Court No. - 72
Case :- APPLICATION U/S 482 No. - 3297 of 2019 Applicant :- Tejram @ Tejiram Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
This application has been filed against the order rejecting discharge application passed by the judicial Magistrate, Chhata district Mathura on 3rd January, 2019 in case no.
427 arising out of case crime no. 247 of 2017 under Section 409 IPC, P.S. Kosi Kalan, District Mathura.
From the bare perusal of the order impugned herein, it clearly transpires that the court below has permitted the applicant to move appropriate application as directed earlier by this Court vide order dated 3.12.2018 in Application 482 No. 43371 of 2018. The operative portion of the order runs as under:
"However, in case discharge application is rejected, the applicant is at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. His bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of 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 Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences."
In view of above, it is always open for the applicant to apply for bail as per the directions issued by this Court on 3.12.2018 (supra).
Since learned Magistrate has provided time till today only, the applicant is permitted to apply for proper bail till 6th February, 2019. In the event such bail application is filed, the same shall be considered in the light of the order passed by this Court on 3.12.2018 (supra) This court therefore, declines to interfere with the order of discharge. Consigned to records.
Order Date :- 25.1.2019 Sanjeev