Disposed

Subhash and Another v. State of U.P. and Another

Allahabad HC6 Feb 2023A482/1414/2023

Case brief

AI extract

What is this about?

The Court considered an application seeking non-execution of a non-bailable warrant for ten days conditional upon appearing for bail, along with an undertaking of no further adjournments and a direction for expedited disposal of the underlying trial case by December 31, 2023.

What did the court decide?

Non-bailable warrant shall not be executed for ten days if applicants appear and apply for bail; trial to be concluded by 31.12.2023 without unreasonable adjournments.

Subhash and Another Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 67

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Case :- APPLICATION U/S 482 No. - 1414 of 2023

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Applicant :- Subhash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record.

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This application u/s 482 Cr.P.C. has been preferred on behalf of applicants seeking the quashing of N.B.W. order dated 10.5.2022 passed by learned Judicial Magistrate, Mau in Case No.4889 of 2003 (Bhojnath vs. Harish Chandra and others), u/s 147, 323, 427, 504, 506 I.P.C., P.S.-Muhammdabad Gohna, District Mau.

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This is a complaint case in which the applicants were on bail, but they misused the liberty of bail and consequently on 10.5.2022 non bailable warrant has been issued against him to ensure their presence. Learned counsel for the applicants undertakes on behalf of applicants that they would appear before the court and regularly assist the court in reaching a logical conclusion of the case, provided that they should be protected till then.

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On the undertaking given by learned counsel for the applicants, it is directed that in case the applicants appears before the court concerned within ten days from today and apply for bail, the same shall be considered and decided by the concerned court in accordance with law.

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The non bailable warrant issued against the applicants shall not be executed for a period of ten days from today.

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After being bailed out, the applicants have to give a written undertaking to the court concerned that they would not seek any adjournment on any date till the conclusion of trial.

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In addition to above, since the matter relates to year 2003, it is expected from the court concerned to decide the Case No.4889 of 2003 (Bhojnath vs. Harish Chandra and others), u/s 147, 323, 427, 504, 506 I.P.C., P.S.-Muhammdabad Gohna, District Mau, by 31st December, 2023 positively without granting any unreasonable and

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unjust adjournment to either of the parties.

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With the aforesaid observations, this application stands disposed of.

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Order Date :- 6.2.2023 M. Kumar

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Subhash and Another v. State of U.P. and Another

Case brief

What is this about?

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Subhash and Another v. State of U.P. and Another

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