Revision petition under Section 397/401 Cr.P.C. disposed of upon withdrawal of challenge. Court granted 45 days protection from coercive action ensuring bail hearing without undue delay following Supreme Court precedents.
Refused relief sought; granted 45 days protection from coercive action and directed expeditious hearing of bail application upon appearance.
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Court No. - 77
Case :- CRIMINAL REVISION No. - 745 of 2020
Revisionist :- Rinku Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the revisionist, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the order dated 11.12.2019 passed by Additional Session Judge, Court No.14, Agra in S.T. No. 906 of 2011 (CNR UPAG01-001319-2011) (State Vs. Nawal Kishore and others) arising out of case crime no. 386 of 2011, under Sections 302/34 IPC, Police Station Shahganj, District Agra, whereby application (paper no. 31 kha) under Section 319 Cr.P.C. of the informant/prosecution has been allowed and revisionist has been summoned as an additional accused to face trial.
After advancing certain arguments at some length by the learned counsel for the revisionist, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned order dated 11.12.2019 against the revisionist and confined his submission requesting to grant some protection to the revisionist to surrender before the concerned court below. The learned counsel for the revisionist further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the revisionist expeditiously in accordance with law.
In view of above, the relief as sought by the revisionist in the instant petition is refused .
Considering the aforesaid prayer made by learned counsel for the revisionist, it is directed that in case revisionist appears before the concerned court below within 45 days from today and applies for bail, the bail application of the revisionist shall
be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437 .
For the period of 45 days from today or till the date of appearance of the revisionist before the concerned court below, whichever is earlier, no coercive action shall be taken against the revisionist in the above case.
With the above observations and directions, this revision under Section 397/401 Cr.P.C. is disposed of.
Order Date :- 25.2.2020 AK Pandey
Rinku
State of U.P.
Sanjay Kumar Singh
Pandey
As recorded by the court registry
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