The single-judge court dismissed the quashing prayer in a criminal revision regarding a discharge application rejection. It directed security for bail if the revisionist surrendered within 30 days, barring coercive action during this period.
Omission to take coercive action for 30 days; bail prayer to be considered if surrender occurs.
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Court No. - 66
Case :- CRIMINAL REVISION No. - 94 of 2020
Revisionist :- Nawazish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pulak Ganguly,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present criminal revision has been filed against the judgment and order dated 12.12.2019 passed by Session Judge, Bagpath in S.T. No. 247 of 2019 (Nawajish and others vs. State of U.P.) P.S. Chhaprauli, District Bagpath arising out of Case Crime no. 288 of 2017, u/s 376(2)(f) IPC, P.S. Chhaprauli, District Bagpath whereby discharge application of the revisionist has been rejected.
At the very out-set learned counsel appearing on behalf of the revisionist submits that he does not want to press the principal prayers seeking quashing of the order nor is inclined to press the prayer seeking stay of the order. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the revisionist is that the hearing of the bail application may be done on the same day.
Heard learned AGA and perused the record.
In view of the submission made by the learned counsel for the revisionist the application so far as it relates to seeking quashing of the order stands dismissed.
However, it is directed that if the revisionist appears and surrenders before the court below within 30 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 and another 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 30 days from today or till the revisionist surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the revisionist. However, in case, the revisionist does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this revision is finally disposed off.
Order Date :- 9.1.2020 Dhirendra/
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶9
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶9
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Nawazish And 2 Others
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
