This court dismissed an application under Section 482 CrPC seeking to quash a bail cancellation order. The bench held that the applicant failed to challenge the underlying final bail order before the Supreme Court, rendering the current plea meritless at this stage.
Application dismissed for lack of merits.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 19484 of 2018
Applicant :- Naresh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed to quash the impugned bail cancellation order dated 17.5.2018 passed by Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Criminal Case No. 3256 of 2014 (State Vs. Purushottam and others), under Sections 420, 467, 468, 471, 406, 408, 504, 506, 120B IPC, Police Station Sihanigate, District Ghaziabad.
Admittedly, while granting bail, this court in Criminal Misc. Bail Application No. 17329 of 2013 had imposed three conditions on the applicant. Two of those conditions were with respect to money to be deposited by the applicant being Rs.65 lacs at the time of execution of the bail bonds and Rs. 35 lacs within two months from the date of the release. The aforesaid order was passed by this Court on 21.1.2014. More than four years have passed since then.
It appears that the applicant did not carry the matter any further before the Supreme Court but has filed a modification application in the aforesaid Criminal Misc. Bail Application No. 17329 of 2013. That application has also been rejected by order dated 16.4.2014.
Learned counsel for the applicant admits that the applicant has not challenged even that order before the Supreme Court. Thus, as on date, the order dated 21.1.2014 has long attained finality.
In that context, the prayer made by the applicant cannot be examined in the present proceedings, at such belated stage.
Accordingly, the application lacks merits and is dismissed .
Order Date :- 30.5.2018 Mini
1 issue framed by the court
Whether an application to quash bail cancellation order can be entertained at a belated stage without pursuing remedies before the Supreme Court.
Naresh
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
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