Allahabad High Court
Nahar Singh & Another vs State Of U.P. & Another on 25 June, 2021
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- U/S 482/378/407 No. - 2098 of 2021
Applicant :- Nahar Singh & Another
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Ram Bux Rawat
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present application has been filed with the prayer to quash the summoning order dated 19.02.2020 passed by learned Chief Judicial Magistrate, Hardoi in Case No.1452 of 2020 (State vs. Komal Singh & Others) in Range Case No.5 of 2020, under Sections 26/41/42/63(C) of Indian Forest Act and Sections 2/3A of Forest Protection Act, Range Paliya, District Lakhimpur Kheri including the entire proceedings of the aforesaid case along with the prayer to to stay the further proceedings of the aforesaid case.
After arguing the matter up to some length, learned counsel for the applicants has submitted that he does not want to press this application on merit and he confines his prayer only to the extent that the applicants may be permitted to surrender and move their bail application, before the court concerned and suitable directions may be issued that the same may be heard and decided expeditiously, in accordance with law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
Considering the arguments of learned counsel for the parties and going through the record, it cannot be said that no offence is made out against applicants and all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C.
At this stage only primafacie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in the cases of "R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843".
A seven judges Bench of this Court in the case of "Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions is quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail application should be decided, expeditiously.
In the recent judgment, the Hon'ble Supreme Court in SUO MOTO WRIT (CRL) No. (S) 1 of 2017 In RE: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials vs. The State of Andhra Pradesh & Ors. vide its judgment and order dated 20.04.2021 has observed the common deficiencies which occurred in the proceedings of the criminal cases and approved "The Draft Rules of Criminal Practice 2021" which is the part of the judgment in Chapter V Rule 17 of aforesaid Rules that the application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself.
In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicants, the application is disposed of with a direction to the court below that if the applicants appear and surrender before the Court below within six weeks from today and applies for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
For a period of six weeks from today or till the applicants surrender and applies for bail, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.6.2021
S. Shivhare
