Suresh Sharma @ Swadesh Sharma @ Guru v. State of U. P.
2015-10-06
RAMESH SINHA
body2015
DigiLaw.ai
JUDGMENT Heard Sri Manoj Kumar Singh, learned counsel the applicant and Sri Vikas Rana, learned A.G.A. for the State and perused the record 2. The present 482 Cr.P.C. petition has been filed for quashing the non bailable warrant dated 26.7.2013in Case No. 799 of 2011 (State Vs. Sanjay & others), arising out of Charge sheet dated 5.6.2011 bearing Case Crime No. 56 of 2011, under Sections 323, 332, 353, 504, 506 I.P.C., pending in the court of A.C.J.M.-6th, Aligarh. 3. Learned counsel for the applicant contended that the applicant has already been granted bail by the competent court and thereafter he could not appear before the trial court, hence non-bailalbe warrants were issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial. 4. After having considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicant moves an application for cancelling the non-bailable warrants issued against him? before the court below within three weeks from today along with the certified copy of this order, in that case the concerned court will be at its discretion to pass appropriate order thereon either recalling the non bailable warrant issued against the applicant or directing the applicant to file fresh bail bonds in the aforesaid case. 5. For a period of Three weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance. 6. In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring their appearance before it.