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Ganga Sahai Shakya vs State Of U P & Another

High Court Of Judicature at Allahabad|07 November, 2017
Court No. - 20
Case :- APPLICATION U/S 482 No. - 33468 of 2008 Applicant :- Ganga Sahai Shakya Opposite Party :- State Of U.P. & Another Counsel for Applicant :- P.R. Maurya Counsel for Opposite Party :- Govt. Advocate,Ram Avtar Prasad Hon'ble Raghvendra Kumar,J.
List revised.
Heard learned counsel for the applicant and learned A. G. A. for the State of U. P. and perused the material available on record.
Applicant Ganga Sahai Shakya has invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 29.6.2006 passed in Misc. Case No.100 of 2006 (Rameshwar Dayal v. Ganga Sahai) u/s 419, 420, 467, 468, 471 IPC, P. S. Bhongaon, District-Mainpuri or to stay the effect and operation of aforesaid order.
After arguing at some length, learned counsel for the applicant confines his prayer only to the extent that necessary direction may be issued to the Court below for expeditious disposal of bail with a further prayer that liberty be also given to the applicant to raise the legal pleas and all the pleas taken in this petition u/s 482 Cr. P. C. before the trial Court at the time of moving discharge application.
Learned A.G.A. has no objection to the prayer so made.
I have very carefully examined the submissions advanced by the learned counsel for the applicant and gone through the record. The prayer for quashing the order dated 29.6.2006 of the aforesaid case is refused.
However, in case the applicant moves surrender and bail application within a period of six weeks from today, the same shall be considered and decided as expeditiously as possible by the learned Courts below bearing in mind the various propositions of law and guidelines laid down by this Court as well as by the Hon'ble Apex Court from time to time through various pronouncements. Till then, no coercive measures shall be taken against the applicant in the above mentioned case.
It is also made clear that no further time would be extended for surrender and bail. This order shall not be treated as an implied direction of this Court to grant bail. The bail prayer shall be considered by the Court concerned in accordance with law.
It is also made clear that all the legal pleas as well as the pleas which have been taken in this petition u/s 482 Cr. P. C. shall be available to the applicant at the time of moving the application for discharge, if it is so advised.
Application/petition is disposed of with the aforesaid observations.
Interim order, if any, stands discharged.
Order Date :- 7.11.2017
Manish Himwan
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  • Raghvendra Kumar
  • P R Maurya