Court No. - 45 Case :- APPLICATION U/S 482 No. - 9622 of 2010 Petitioner :- Khursheed Ahmad And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Suneet Kumar 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 investigating officer, on completion of the investigation,
found sufficient materials against the applicants and accordingly
submitted the charge sheet. The learned Magistrate has taken
cognizance of the offences. The materials collected during the
investigation fully justify submission of the charge sheet by the
investigating officer and taking of cognizance by the Magistrate.
There does not appear to be any justification to exercise inherent
power under section 482 CrPC.
Learned counsel for the applicants submitted that the applicants,
being law abiding citizens, want to appear before the courts
below and seek bail, therefore, they may be provided some
interim protection.
It is, therefore, provided that if the applicants namely Khursheed
Ahmad, Shahid and Jahid appear before the courts below and
apply for bail within one month from today, their bail prayer in
Case No. 26 of 2010 (State v Khursheed & others) arising out of
case crime no. 935 of 2009, under sections 379 IPC and 4/10 of
the Forest Protection Act, P.S. Chandpur, District Bijnor shall be
considered and disposed of by the courts below on the same day
in the light of the principles laid down by the Apex Court in the
case of Lal Kamlendra Pratap Singh versus State of U.P. & others
(2009) 4 SCC 437.
Till the surrender of the applicants before the Magistrate or expiry
of the aforesaid period of one month, whichever is earlier, the
applicants shall not be arrested.
With the aforesaid observations, the petition under section 482
CrPC is disposed of.
Order Date :- 2.4.2010
shailesh