The applicant challenged the issuance of a non-bailable warrant under Section 82 Cr.P.C. This court found no illegality but directed expeditious consideration of bail upon surrender and barred coercive actions for 45 days.
No coercive action against the applicant for 45 days; bail to be considered expeditiously.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 43159 of 2018
Applicant :- Shahid Opposite Party :- State Of Up And Anr Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application u/s 482 Cr.P.C., has been filed by the applicant with a prayer to direct the courts below to consider and dispose of the bail application of the applicant on the same day i.e. on the day of surrender, in Criminal Case No. 4730 of 2015 (State Vs. Azim @ Nizam and others) arising out of Case Crime No. 177 of 2015 under Sections 3/5/8 Cow Slaughter Act and Section 307 IPC, Police Station Bhojapur, District Moradabad.
Learned counsel for the applicant contended that due to non appearance before the trial court, non bailable warrant has been issued against the applicant.
Learned A.G.A., contended that there is no illegality in issuance of non bailable warrant by the trial court.
Non bailable warrant and process under Section 82 Cr.P.C., has been issued against the applicant, due to his non appearance before the court. Accordingly, I find no illegality in the impugned order passed by the courts below.
However, it is directed that in case the applicant appears and surrenders before the courts below and apply for bail, his prayer for bail shall be considered and decided expeditiously and preferably on the same day.
For a period of 45 days from today, no coercive action shall be taken against applicant.
With the above directions, this application u/s 482 Cr.P.C., is disposed of .
Order Date :- 30.11.2018 Jaswant
2 issues framed by the court
Whether issuance of non-bailable warrant under Section 82 Cr.P.C. due to non-appearance is illegal.
Whether bail application must be considered expeditiously upon surrender.
2 provisions across 1 enactments
Shahid
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
