Allahabad High Court
Sushel @ Suhail Ahmad And 4 Others vs State Of U.P. And Another on 17 March, 2020
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- APPLICATION U/S 482 No. - 10224 of 2020 Applicant :- Sushel @ Suhail Ahmad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
This application u/s 482 Cr.P.C. has been filed for quashing of non bailable warrant order dated 17.02.2020 issued against the applicants in the proceeding of Case No. 3229 of 2017 (Special Session Trial No. 719 of 2018), arising out of Case Crime No.29 of 2017, (State Vs. Suhel and others) under Section 147, 323, 504, 506, 427 I.P.C. read with Section 3(1) W(i) of SC/ST Act, Police Station Dudhara, District Sant Kabir Nagar, pending in the court of District and Session Judge/ Special Court, S.C./S.T. Act, Sant Kabir Nagar.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
Learned counsel for the applicants submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail are moved on behalf of the accused persons within two months from today, the same shall be considered and decided in accordance with law.
Till the aforesaid period, no coercive measures shall be taken against the applicants.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that the present order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 17.3.2020 Ishan