Court No. - 45
Case :- APPLICATION U/S 482 No. - 46498 of 2018 Applicant :- Bhawani Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants, through the present application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer that their bail application in Criminal Case No.16320 of 2016, arising out of Case Crime No.435 of 2016, under Section 420, IPC, P.S. Majhola, District Moradabad be ordered to be considered expeditiously, if possible on the same day by the Court below.
After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the Court below within two weeks from today and apply for bail, then their bail application shall be considered and decided expeditiously in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290, as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC), Lal Kamlendra Pratap Singh Vs. State of U.P., after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
For the period of 45 days, no coercive action shall be taken against the applicants for their personal appearance.
Order Date :- 20.12.2018 T. Sinha