High Court granted applicant final chance to appear for bail before trial court within 30 days instead of quashing proceedings, directed no coercive action during this period.
no coercive action for 30 days; applicant directed to approach trial court for bail.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 35025 of 2018
Applicant :- Shiv Ji Prasad Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicants with a prayer to quash the order of Non- Bailable Warrant dated 7.9.2018 issued by Judicial Magistrate Ist, Ballia in Criminal Case No.2886 of 2014, Meena Devi versus Yogender and others, P.S. Sahatwar, under Sections 419, 420 IPC.
Learned counsel for the applicant submits that applicant has neither deliberately avoided to attend the court below nor he has any intention to delay the trial. However, he made promise, as has been extended on behalf of the applicant, that as a matter of last chance, he may be permitted to appear/surrender before the court below as he is ready to give an undertaking that he will always appear before the trial court on the date fixed.
Learned AGA has supported the proceedings of the lower court and submitted that there is no good ground for quashment of the proceedings. He adds that court below has rightly issued the non- bailable warrant against the applicant, but he conceded that if, applicant makes promise to surrender before the court below within the stipulated period, then Court
may give some time for his surrendering before the court below.
In view of above facts and circumstances of the case, as a matter of last opportunity, applicant is directed to appear before the court concerned within a period of 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another .
Till the period of 30 days from today no coercive action shall be taken against the applicant. It is made clear that in case no such application is moved within the time prescribed, the trial court would be at liberty to proceed further with the case in accordance with law.
With the above directions/observations, this application is finally disposed of.
Order Date :- 4.10.2018 Raj
1 issue framed by the court
Whether an applicant facing a non-bailable warrant can be given a last chance to appear for bail in lieu of quashing criminal proceedings under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Munawwar and 9 others Vs. State of U.P. and anotherApplied¶10
Application U/S 482 Cr.P.C. No. 21679 of 2014-Munawwar and 9 others Vs. State of U.P. and another
1 provisions across 1 enactments
Shiv Ji Prasad Gupta
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
