Ranaveer Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

Ranaveer Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) on the applicant surrendering/appearing before the court below within two weeks and moving a bail application, the trial court to consider and decide it within two weeks thereafter; and (ii) stay of the effect and operation of the non-bailable warrant order for four weeks or till decision on the bail application, whichever is earlier

Issue for consideration

Whether the non-bailable warrant issued against the applicant should be stayed and a direction issued to the trial court to consider his bail application, given his non-appearance attributable to personal difficulty and Covid-19 and his stated willingness to participate in proceedings

Court's answer

No useful purpose would be served in keeping the application pending, so it was decided finally rather than kept pending

Ratio / Principle

If the applicant surrenders/appears before the court below within two weeks and moves a bail application, the trial court shall consider and decide that bail application within two weeks thereafter

Key takeaways

For four weeks, or until decision on the bail application (whichever is earlier), the effect and operation of the trial court's order issuing the non-bailable warrant shall remain stayedratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Dinesh Pathak, J.), Application U/S 482 No. 21406 of 2023, decided 11.8.2023 [Neutral Citation 2023:AHC:163307]. The applicant, an accused in Criminal Case No.13054/IX of 2016 (State Vs. Ranaveer Singh), arising out of Case Crime No.640 of 2015 under Sections 323, 504, 506 IPC, Police Station Raya, District Mathura, challenged the non-bailable warrant issued against him by order dated 30.05.2023 of the Additional Chief Judicial Magistrate, Court No.1, Mathura. He had been enlarged on bail on 23.11.2016 but could not attend subsequently due to personal difficulty and Covid-19, and was unaware of the warrant. The A.G.A. raised no objection to a direction to consider his bail application. The Court disposed of the application, directing that if the applicant surrendered/appeared within two weeks and moved a bail application, the trial court would consider and decide it within two weeks thereafter, and stayed the operation of the non-bailable warrant order for four weeks or till decision on the bail application, whichever was earlier.

Neutral Citation No. - 2023:AHC:163307

Court No. - 90

Case :- APPLICATION U/S 482 No. - 21406 of 2023

Applicant :- Ranaveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Pathak,J.

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

The present applicant has invoked the inherent power of this Court under Section 482 Cr.P.C. to assail the issuance of nonbailable-warrant against the present applicant by order dated 30.05.2023 and in subsequent order passed by the Additional Chief Judicial Magistrate, Court No.1, Mathura in Criminal Case No.13054/IX of 2016 (State Vs. Ranaveer Singh), arising out of Case Crime No.640 of 2015, under Sections 323, 504, 506 IPC, Police Station Raya, District Mathura.

It is submitted by learned counsel for the applicant that the present applicant appeared before the court below and was enlarged on bail, vide order dated 23.11.2016. However, at subsequent stage, due to some personal difficulty, he could not appear before the court below and at later stage, due to Covid-19, he could not know the further dates fixed in the matter. It is further submitted that present applicant could not know the issuance of non-bailable-warrant against him. Presently, he wants to appear and participate in the court proceedings.

Learned A.G.A. has no objection in issuing a direction to consider the bail application moved on behalf of the present applicant.

In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, same is hereby decided finally with a direction that the present applicant, in case, surrenders/appears before the court below within a period of two weeks from today and move bail application, same shall be considered and decided by the learned trial court within a period of two weeks thereafter.

For a period of four weeks or till the decision on the bail application, whichever is earlier, the effect and operation of the order passed by the trial court for issuing non-bailable-warrant shall remain stayed.

Accordingly, instant application is disposed of.

Order Date :- 11.8.2023 Mini

Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad