PAWAN KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioners asserts that the petitioners were not served and therefore were not aware of the non-bailable warrant issued for procuring presence of the petitioners before the trial Court.

(2.) LEARNED counsel has referred to Annexure No. 7 i.e. judgment rendered by this Court in Criminal Revision? No. 33 of 2002 (State of U.P. v. Sada Ram) dated 19th May, 2006 to say that it is under the orders of this Court that the petitioners want to join the proceeding. LEARNED counsel contends that there is no reason in facts or in law to arrest the petitioners because the petitioners were not aware of the proceeding.? All the petitioners have intentions for appearing before the Court below.?

(3.) IMPUGNED order dated 17th of February, 2011 Annexure 1 is hereby quashed. Petitioners are directed to appear before the special Court Gangster Act within a period of three months. In the meantime, the petitioners shall not be taken in custody.? During the said duration, the petitioners may apply for bail which shall be considered by the concerned Court in accordance with law and facts.