- (1.) Heard learned counsel for the applicant, learned A.G.A. and perused the record. Under challenge is the charge sheet dated 29.3.2006 filed in Case Crime No. 241-A of 2005, under Sections 147,332,353,336,436,506,427 I.P.C. & 7 Criminal Law Amendment Act., P.S. Hazratganj, District Lucknow. It is submitted by the learned counsel for the applicant that no offence is made out against the applicant under Section 436 I.P.C. as there is no allegation and the basic ingredients of the offence are missing. It is further submitted that parties to the case i.e. the complainant and the applicant are ready for compromise but in view of the fact that the charge sheet has been filed by the police in Case Crime No. 241-A of 2005, under Sections 147, 332, 353, 336, 436, 506, 427 I.P.C. & 7 Criminal Law Amendment Act., P.S. Hazratganj, District Lucknow, the learned Court below is not inclined to entertain any such plea of compromise.
(2.) The learned A.G.A. has submitted that the offence under Section 436 is noncompoundable and, therefore, the plea of such compromise can not be entertained. In this regard he has relied on the decisions of the Apex Court in the case of Ram Gopal and another v. State of M.P. and another, 2010 70 AllCriC 906 and Manoj Sharma v. State and others, 2008 16 SCC 1. In view of the above, I am of the considered opinion that no interference is required in the exercise of the power under Section 482 Cr.P.C. However, at this stage, learned counsel for the applicant submits that his bail application may be directed to be considered expeditiously by the learned Court below.
(3.) It is, therefore, directed that the applicant may approach the Court below and file appropriate application for bail within two weeks from today and in case such an application is preferred, the concerning Court shall consider the same expeditiously and pass appropriate orders on its own merits in accordance with law. The petition is disposed of in terms of the aforesaid observations.;