Disposed

Harnam Singh v. State of U.P.

Allahabad HC19 Jul 2024A482/21890/2024

Case brief

AI extract

What is this about?

The Allahabad High Court heard an application under Section 482 Cr.P.C. challenging orders forfeiting a personal bond and issuing warrants. It directed the applicant to seek cancellation within two weeks, stayed coercive action if an application is filed, and disposed of the matter.

What did the court decide?

Stay of coercive action for two weeks if applicant files an application for cancellation of warrants with reasons.

Harnam Singh vs State of U.P. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115050

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 21890 of 2024

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Applicant :- Harnam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been preferred against the order dated 01.07.2023 passed by learned Additional District and Sessions Judge/Fast Track Court-1st, Kannauj, in Case No.4/11/19 (State Vs. Harinam Singh), Police Station- Kannauj, District- Kannauj, whereby the personal bond of applicant has been forfeited and non-bailable warrants have been issued against the applicant and recovery warrant was also issued.

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Learned counsel for the applicant submitted that applicant was informant in S.T. No.658 of 2017, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act and that session trial was decided by the trial court vide judgment and order dated 04.02.2019 and the accused persons were acquitted but it was directed that proceedings under Section 344 Cr.P.C. shall be initiated against applicant as he has not supported prosecution version. In pursuance to that direction, applicant has appeared in proceedings under Section 344 Cr.P.C. and he has submitted personal bond of

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Rs.20,000/- for his appearance. On 01.07.2023, applicant could not appear before the court in those proceedings and the trial Court has forfeited the personal bond of the applicant and issued nonbailable warrants and recovery warrant was also issued. Learned counsel submitted that before forfeiture of personal bond or at least before the issuance of recovery warrant, an opportunity of hearing must have been granted to the applicant, so that he could have explained his non-appearance. It was submitted that impugned order dated 01.07.2023 is arbitrary and against law.

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Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order.

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Considering the entire facts of the matter, it is directed that in case applicant files an application before the court concerned within a period of two weeks from today for cancellation of nonbailable warrants and for showing reasons against the issuance of recovery warrant, the same shall be considered and decided expeditiously in accordance with law. For a period of two weeks from today and in case such an application is filed within the aforesaid period, till the disposal of said application, no coercive action shall be taken against the applicant.

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The instant Application under Section 482 Cr.P.C. is disposed of accordingly.

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Order Date :- 19.7.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Harnam Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Harnam Singh v. State of U.P.

Case brief

What is this about?

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