This order grants a 45-day window to the applicant, who was on bail but failed to appear, to surrender and apply for new bail. No coercive action will be taken during this period unless he fails to appear.
Granted 45 days to surrender and apply for fresh bail; no coercive action permissible during this period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 53
Case :- APPLICATION U/S 482 No. - 14552 of 2018
Applicant :- Daryab Alias Viru Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the applicant is permitted to correct the description of offences in the prayer clause and the head of the application.
Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA alongwith Sri Mayank Awasthi appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash Non-Bailable Warrants issued against the applicant vide order dated 20.05.2017 passed by the Special Judge/ (POCSO Act) ADJ, Court No.17, Agra in Special Case No.94 of 2015 arising out of Case Crime No.295 of 2014, under Sections 363, 366, 376, 511, 323, 120B IPC and Section 3/4 POCSO Act, PS Lohamandi, District Agra.
It has been submitted that the applicant was on bail but could not reach the court on 20.05.2017 and in consequence of which non-bailable warrants have been issued. 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 wish to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, 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 & 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 :- 27.4.2018 Shahroz
3 issues framed by the court
Whether non-bailable warrants issued against a bail-jailed applicant can be quashed on grounds of unavoidable absence.
Whether a reasonable period is granted to an applicant to surrender and apply for bail fresh to avoid coercive action.
Whether issuance of non-bailable warrants against an applicant who was on bail but could not appear due to factors beyond control requires quashing.
Colour shows how this judgement treated each authority
Amrawati & Anr. Vs. State of U.P.Explained¶9
Amrawati & Anr. Vs. State of U.P. 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Explained¶9
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
2 provisions across 2 enactments
Daryab Alias Viru
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
