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Rajendra Chaubey & Another v. State Of U.P. - APPLICATION U/s 482 No. 14353 of 2007  RD-AH 10852 (29 June 2007)
Hon'ble Vineet Saran, J.
Heard learned counsel for the petitioner as well as learned A.G.A. appearing for the state and have perused the record. With consent of the learned counsel for the parties, this petition is being disposed of at this stage.
Petitioners are accused in case no. 4572 of 2002 pending in the court of Chief judicial Magistrate, Kushi Nagar. They are aggrieved by order dated 22.5.2007 whereby non-bailable warrants have been issued against them and 30.6.2007 has been fixed as the next date. It is the case of the petitioners that they have never received the summons and thus they could not appear in the case on the date fixed and that non-bailable warrants have wrongly been issued. It has also been submitted that the petitioner no.2 is an old person aged about 75 years.
Considering the facts and circumstances of this case and keeping in view submissions of the learned counsel for the petitioners, it is directed that in case if the petitioners appear before the court concerned within two weeks from today and apply for grant of bail, their bail application shall be considered, in accordance with law, expeditiously, preferably on the same day.
For a period of two weeks the operation of the order dated 22.5.2007, by which non-bailable warrants have been issued against the petitioners, shall remain in abeyance.
With the aforesaid observation/direction, this petition under section 482 Cr.P.C. is disposed of.
cri.misc.appl. no. 14353.07
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