HARI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Praveen Kumar Upadhyay, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

(2.) ON the request of learned counsel for the applicants, another Bench of this Court, vide order dated 01.02.2010 had referred the matter to mediation centre. The Incharge mediation centre vide its report dated 11.11.2010 had reported that mediation has failed, copy of which report is on record.

(3.) THE prayer for quashing the summoning order is refused. Interim order, if any, stands vacated. However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicant no. 3 namely Smt. Bhagwan Devi, shall be considered and disposed of on the same day, if possible by the Court below and for remaining applicants their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. Learned counsel for the opposite party no.2 undertakes to inform learned counsel for the applicant about the order passed today in writing within 24 hours.