Arif and 6 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 40828 of 2023 Applicant :- Arif And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants and learned AGA for the state.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 8.8.2014 passed by learned Additional District & Sessions Judge Court No.10, Saharanpur in S.t. No.552 of 2012 ( State Vs. Wasim and others) arising out of Case Crime No.177 of 2012 under sections 147, 148, 149, 307, 302, 34 IPC at P.S.Mandi, District Saharanpur pending in the Court of Additional District & Session Judge Court No.10, Saharanpur.

¶3It is submitted by the learned counsel for the applicants that in pursuance of the court's order dated 21.07.2014 passed in Application U/S 482 No.26484 of 2014, NBW issued against the applicants has been cancelled subject to the applicants shall furnish the personal bond of Rs.1 lac each within a period of 30 days. It is further submitted that the amount of personal bond is 1 lac is excessive one. The applicants are poor persons and they are unable to afford the same.

¶4Learned AGA opposed the prayer and contends that the applicants have not moved any application for reducing amount of the personal bond, if moved may be considered by the learned court below.

¶5In view of the above, the applicants are directed to file an application before the court below for reducing the amount of personal bond Rs.1 lac each, which is apparent excessive within a period of four weeks and the same shall be considered and decided by the court below in accordance with law.

¶6After considering the application aforesaid, the court below shall pass a suitable order after hearing the contesting parties.

¶7The application U/S 482 Cr.P.C is disposed of. Order Date :- 6.11.2023/SFH High Court of Judicature at Allahabad