Court No. - 64
Case :- APPLICATION U/S 482 No. - 36198 of 2019 Applicant :- Triloki Pandey @ Premshankar Pandey And Anr Opposite Party :- State Of Up Counsel for Applicant :- Mool Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 28.5.2005 and the order dated 2.2.2019 as well as the order dated 25.5.2019 passed by the Addl. Civil Judge (S.D.)-II, Jaunpur in Case No. 118 of 1994, State versus Triloki Pandey and another, arising out of Case Crime No. 72 of 1994, under Sections 379 and 411 I.P.C., P.S.- Newarhiya, District- Jaunpur whereby non bailable warrants, process under Sections 82 and 83 Cr.P.C. have been issued against the applicants.
Heard applicants' counsel as well as learned AGA and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned orders is refused.
Applicants' counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within 10 days from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 27.9.2019 CPP/-