Court No. - 64
Case :- APPLICATION U/S 482 No. - 32544 of 2019 Applicant :- Dilshad Opposite Party :- State Of Up And Another Counsel for Applicant :- Mustaqeem Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking direction to the court below to consider the bail of applicant on the same day in Case Crime No.277 of 2019, u/s 272, 273 I.P.C., P.S.- Thakurdwara, District-Moradabad.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The law regarding the hearing of bail applications on the same day and all its related aspects have been comprehensively dealt with in the case of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 which was also approved by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC). All the courts must endeavour to decide the bail applications on the same day in suitable cases, if it is possible for them to do so. This is a matter of lower court's discretion which they must exercise judiciously in appropriate cases.
Above mentioned Full Bench decision of this High Court and the decision of Hon'ble Apex Court are binding on the lower courts. They must be followed in letter and spirit. There is no need to pass separate orders in this regard.
However, in the peculiar facts and circumstances of the case, it is directed that in case the applicant appears before the court below within two weeks from today and applies for bail, his prayer for bail be considered and decided by the concerned court below in accordance with law.
In the aforesaid period or till the date of appearance of the accused-applicant in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if the applicant does not avail of this order within stipulated period of time, no time extension application shall be entertained.
With the aforesaid observations this application is finally disposed off.
Order Date :- 26.8.2019/M. Kumar