Shyam Sunder Pal @ S S Pal vs State Of U P And Another

Court No. - 40

Case :- APPLICATION U/S 482 No. - 36458 of 2017 Applicant :- Shyam Sunder Pal @ S.S. Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Garun Pal Singh,Vikas Sharma Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant and the learned G.A.

The present application under Section 482 Cr.P.C. has been filed to set aside the impugned order dated 10.3.2017 issuing N.B.W. in Case No.269 of 2009 (State Vs. Anil Chaudhary and others), under Sections 147, 148, 149, 332, 353, 336, 427, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, Section 3 P.O.D.P. Act and Section 25/27/30/35 Arms Act, P.S. Sadar Bazar, District Mathura, pending in the court of A.C.J.M., Court No.1, Mathura.

The contention of the counsel for the applicant is that earlier he was on bail and since he could not appear himself on the various dates before the trial court and therefore, learned trial court has issued the N.B.W. on 10.3.2017.

The submissions made by learned GA have force.

The prayer to set aside the impugned order dated 10.3.2017 issuing N.B.W. is refused.

At this stage the learned counsel for the applicant made a prayer that the bail application of the applicants in aforesaid case be ordered to be considered expeditiously, if possible on the same day by the Court below.

After hearing learned counsel for the applicant and learned G.A., I do not find any justification for quashing the impugned order, however, in case the applicant surrenders before the court below within 30 days from today and applies for bail, his bail application shall be considered and decided by the court below expeditiously in a view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.

Order Date :- 8.11.2017 Vivek Kr.