Devi Prasad Uniyal vs State of Uttarakhand

Hon''ble Nirmal Yadav, J.—Heard.

This application u/s 482 Code of Criminal Procedure. has been moved by applicant/accused Devi Prasad Uniyal seeking permission to move bail application before the trial court to decide the same on the day of its moving after recalling the order dated 28.10.2010 passed by Chief Judicial Magistrate, Tehri Garhwal issuing non- bailable warrants against applicant. It is pleaded that proceedings had been stayed by this Court in the present case. This applicant was under the impression that the matter was fixed before the Hon''ble High Court on 27.11.2010. Chief Judicial Magistrate also passed an order on 16.08.2010 observing that Hon''ble High Court has stayed the proceedings in criminal misc. application No. 446/2004, therefore, it would not be appropriate in the interest of the justice, to issue warrants against the applicant.

However, Chief Judicial Magistrate suo moto called the case and issued bailable warrants against the applicant on 01.10.2010. and fixed the matter for 28.10.2010. No notice was served on the applicant, therefore, he was not aware about the next date fixed by learned C.J.M. On the date fix, non-bailable warrants were issued against the applicant. There was no intention on the part of applicant to abstain from the court. Therefore, he may be given an opportunity to be heard on bail application and which may be decided on the same day.

Learned A.G.A. submitted that the contention of the applicant is totally misconceived. This High Court had disposed of the criminal misc. application No. 448 of 2004. The case was put up before Chief Judicial Magistrate on 01.10.2010. On that day, one of the co- accused Vijay Singh was present and other co-accused were ordered to be served notice for their presence. In view of the facts of the case, the Petitioner shall appear before Chief Judicial Magistrate and may move an application if he so desire. The present Criminal Misc. application appears to be an abuse of process of law, as such, no direction can be issued to Chief Judicial Magistrate to dispose of the bail application on the same day. I do not find any merit in the case, accordingly, the same is dismissed.