Court No. - 64
Case :- APPLICATION U/S 482 No. - 29454 of 2019 Applicant :- Hakeem And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sharad Kumar Srivastava 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 No. 942 of 2011 (State Vs. Hakeem Singh and Others) arising out of Case Crime No. 26 of 2011, under Sections 147, 148, 323, 324, 504 and 506 I.P.C., Police Station Basai Jagner, District Agra, pending in the court of learned A.C.J.M.-II, Agra.
Heard learned counsel for the applicants 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 application 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 applicants appear before the court below within two weeks from today and apply for bail, their prayer for bail be considered and decided expeditiously in accordance with law.
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 :- 30.7.2019 P.S.Parihar