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2017 DIGILAW 782 (ALL)

Padam Singh Jaat v. State of U. P.

2017-03-20

PANKAJ NAQVI

body2017
JUDGMENT Pankaj Naqvi, J. Supplementary affidavit filed today is taken on record. Heard Sri Digvijay Singh, learned counsel for applicant, Sri Manish Kumar Singh, learned Brief Holder for the State and perused the record. Applicant-Padam Singh Jaat seeks bail in Case Crime No. 1029 of 2016, under Section 5 /25 Arms Act, P.S. Kotwali Sadabad, District Hathras. It is submitted that it is a case of false implication on account of ulterior motives, the alleged recovery of incriminating arms is open to suspect in the absence of any authentication by any independent public witness, applicant is in jail since 11.12.2016, offences are triable by the Magistrate, he undertakes not to misuse the liberty, is in jail since 11.12.2016, supplementary affidavit annexes therewith a certified copy of the order passed by the Court below dated 16.05.2013, in Case Crime No. 1029 of 2016, under Section 25 /27/29 of Arms Act, P.S. Jalesar, District Etah, in which applicant claims to have been bailed out, he be enlarged on bail. Learned Brief Holder has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Let the applicant-Padam Singh Jaat involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice: - (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.