Court No. - 8 Case :- U/S 482/378/407 No. - 1842 of 2010 Petitioner :- Iqbal Hassan And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others Petitioner Counsel :- Begum Sabiha Kamal Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicants and the learned AGA and
perused the record.
The learned counsel for the applicants submitted that initially the case was not
registered under section 308 IPC. The police added that offence in the charge
sheet. The applicants are already on bail in other offences. The learned
counsel for the applicants further submitted that neither at the stage of
committal nor any time after receipt of the record by the Sessions Court, the
applicants were ever required to furnish bail under section 308 IPC.
Keeping in view the facts and circumstances of the case, the petition under
section 482 CrPC is disposed of with the direction that if the applicants Iqbal
Hassan, Putti, Sadiq, Mohd. Raees, Mohd. Wakeel, Atiullah, Mohd. Haneef,
Bheekhi, Muneer alias Aafat Ali, Meethai Lal, Chanda, Nanmoon, Mohd.
Shareef alias Haggan, Chhotkan, Noor Aalam, Gullu Miyan alias Golai alias
Noorul Hassan and Rahmat Ali appear and apply for bail within one month
from today, their bail prayer under section 308 IPC in case crime no. 228A of
2005, police station Mankapur, district Gonda, shall be considered and
disposed of by the courts below in the light of the principles laid down in the
case of Lal Kamlendra Pratap Singh versus State of U.P. & others (2009)
4 SCC 437.
Till expiry of the aforesaid period of one month or appearance of the accused
in the court concerned, no coercive proceedings shall be issued and executed
against the applicants.
With the aforesaid observations, the petition under section 482 CrPC is
disposed of.
Order Date :- 10.5.2010
RKSh