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HIGH COURT OF ALLAHABAD
Virendra Saran
KAMLESH KUMAR PANDEY
Versus
STATE OF U P
Decided On : 15 December 1993
State of U. P and Anr.
Summoning Order - Quashing - Bail Bonds - Personal Attendance Exemption
Fact of the Case:
The court declined to quash the summoning order in a case pending in the Court of Additional Munsif Magistrate, III, Jaunpur, but directed that the applicants' bail bonds should be accepted on the same day to avoid sending them to jail. The court also exempted a woman applicant from personal attendance and allowed other applicants to request exemption based on merits.
Finding of the Court:
The court found that the summoning order should not be quashed, but provided directions to facilitate the applicants' bail process and personal attendance exemptions.
Issues: Quashing of summoning order, acceptance of bail bonds, exemption from personal attendance
Ratio Decidendi: The court balanced the decision by not quashing the summoning order but providing directions to ensure the applicants' rights and convenience in the legal process.
Final Decision: The application was finally disposed of, with the court directing the acceptance of bail bonds on the same day, exempting a woman applicant from personal attendance, and allowing other applicants to request exemption based on merits.
Heard learned Counsel for the applicants.
2. I am not inclined to quash the summoning order in case No. 195 of 1993, Ashok Kumar v. Kamlesh Kumar Pandey and others, under Sections 323, 504, 506, I. P. C. , P. S. Sujanganj, Jaunpur pending in the Court of Addi tional Munsif Magistrate, III, Jaunpur.
3. However, considering the entire facts and circumstances of the case, it is directed that when the applicants appear before the learned concerned Magistrate that he shall accept their bail bonds on the same day obviating necessity of sending the applicants to Jail. The applicant No. 4 is a woman and in case an application is made to the learned Magistrate personal atten dance shall be exempted by the learned Magistrate. In case any of the other applicants applies for exemption of personal attendance their request shall be considered by the learned Magistrate on merits in accordance with law. Warrants of arrest against the applicants shall remain stayed for a period of six weeks from today to enable the applicants to appear in the Court.
4. With the above observation/direction this application is finally disposed of.
Application disposed of. CHIRAG
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