Court No. - 52
Case :- APPLICATION U/S 482 No. - 241 of 2019 Applicant :- Wahid Beg And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Session Trial No. 67 of 2017 (State Vs.Wahid Beg and others), arising out of Case Crime No.Nil of 2000 under Sections 147, 148, 394, 427, 504, 506 I.P.C. and 3(1)10 of SC/ST Act, P.S. Kadaura, District-Jalaun at Orai along with charge-sheet dated 18.04.2001, pending in the court of Additional Session Judge-II, Jalaun at Orai.
At the very out-set learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.
In view of the submission made by the learned counsel for the applicants, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, 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.
It is stated that applicant no.6, Yaseen Beg is sick and infirm person. As per Aadhar Card, annexed as Annexure-12 to the affidavit, he was aged about 70 years on 1.1.1995 and now he is aged about 90 years. It is also stated that his condition is very serious and he is unable to walk.
In view of aforesaid, so far as applicant no.6 is concerned, the trial court while considering his bail shall strictly adhere to the directions given by Hon'ble The Apex Court and Full Bench decision of this Court as noted above. In any event, if the case is adjourned for any reason whatsoever, the applicant no.6 shall be released on interim bail till disposal of regular bail application.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 21.1.2019/MN/-