Allahabad High Court
Mohammad Umar And Ohters vs State Of U.P. & Others on 4 July, 2017
Bench: Raghvendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- APPLICATION U/S 482 No. - 17884 of 2010
Applicant :- Mohammad Umar And Ohters
Opposite Party :- State Of U.P. & Others
Counsel for Applicant :- Raghavendra Dwivedi,Yadvendra Dwivedi
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Raghvendra Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.
None is present on behalf of Opposite Party No.2.
It has been submitted by learned counsel for the applicants that the civil suit is pending between the parties and that is cause of enmity. It has further been submitted that one of the applicant is lecturer and the story of snatching of Rs. 15,000/- does not inspire confidence. It a case of malicious prosecution.
Learned counsel for the applicants at this stage confines his prayer to the issuance of appropriate direction for bail and further prays that the protection be granted to the applicants to take all the pleas which have not been raised in the petition under section 482 Cr.P.C. in the application for discharge.
It is the settled proposition of law that the jurisdiction under Section 482 Cr.P.C. is defined one and time and again highlighted by the Apex Court that jurisdiction under Section 482 Cr.P.C. be invoked rarely with circumspection. The plea of malicious prosecution can be decided subject to evidence. The defence of enmity cannot be considered within the ambit of 482 Cr.P.C., at this stage.
Learned A.G.A. has no objection to the prayer for the issuance of appropriate direction for bail.
However, in case the applicants moves surrender and bail application within a period of 8 weeks from today, the same shall be considered and decided expeditiously if possible on the same day 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 the aforesaid period, no coercive measures shall be taken against the applicants 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 made clear that the applicants shall be at liberty to move the discharge application before the appropriate Court taking all the pleas which have been raised in petition under Section 482 Cr.P.C. if it is so advised.
The Petition 482 Cr.P.C. is disposed of in the light of aforesaid observations.
Order Date :- 4.7.2017
Swati
