Sanjeev vs. State Of U.P. And Another
Held
The Court did not quash the NBW directly. Instead, it disposed of the application under Section 482 Cr.P.C. in the interest of justice, considering the submissions and undertaking of the applicant. The Court directed that if the applicant surrenders before the trial court within three weeks from the date of the order and applies for bail, the trial court shall endeavor to decide the bail application expeditiously and in accordance with the law. The merits of the case were not examined. The operative direction is to facilitate the applicant's surrender and bail application process.
Facts
The applicant, Sanjeev, filed an application under Section 482 Cr.P.C. seeking to quash a non-bailable warrant (NBW) dated June 8, 2022, issued by the Special Judge (Gangster)/Additional Session Judge, Court No. 8, Agra. This NBW was issued in connection with GST No. 265 of 2009, State Vs. Luxman and others, under Section 2/3 of the U.P. Gangster Act, arising out of Case Crime No. 905 of 2007. The applicant contended that he was on bail during the trial but could not appear due to the Covid pandemic and a lack of information regarding case listings, leading to the issuance of the NBW. He undertook to cooperate with the trial and requested permission to surrender before the trial court to apply for bail, with a direction for expeditious disposal.
Key Issues
1. Whether the non-bailable warrant (NBW) dated June 8, 2022, issued against the applicant, Sanjeev, by the Special Judge (Gangster)/Additional Session Judge, Court No. 8, Agra, in GST No. 265 of 2009, under Section 2/3 of the U.P. Gangster Act, should be quashed. Contentions: Petitioner (Applicant): The applicant argued that the NBW was issued due to his inability to appear before the trial court during the Covid pandemic, as he was on bail. He undertook to cooperate with the trial and sought liberty to surrender and apply for bail, requesting expeditious disposal of his bail application by the trial court. Revenue (State): The judgment records no specific arguments made by the State or the Opposite Party.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Court No. - 86 Case :- APPLICATION U/S 482 No. - 37378 of 2022 Applicant :- Sanjeev Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing NBW dated 8.6.2022 passed by Special Judge (Gangster)/Additional Session Judge, Court No. 8, Agra section 2/3 of U.P. Gangster Act, police station: Hari Parvat, District: Agra, arising out of Case Crime No. 905 of 2007, in so far it relates to the applicant.
Learned counsel for the applicant submits that the applicant was on bail during trial but due to Covid pandemic he could not appear before the Court nor could he get information about the listing of the case, therefore, the leaned trial court has issued non-bailable warrants on 08.06.2022 against the applicant.
Learned counsel for the applicant undertakes that the applicant will co-operate in the trial and he submits that the Court may please to put its indulgence and grant liberty to the appl
The judgment continues below.
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