Court No. - 71
Case :- APPLICATION U/S 482 No. - 21594 of 2019
Applicant :- Jahan Singh
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pusp Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that his bail application in S.T. No. 41 of 2018, arising out of Case Crime No. 55 of 2017, under Sections 452, 323, 504, 506 I.P.C. and Section 3(2)V Ka SC/ST Act, P.S. Bisanda, district-Banda, pending in the Court of Special Judge (SC/ST) Act as well as cognizance order dated 26.2.2018 be ordered to be considered expeditiously, if possible on the same day by the Courts below.
After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrender before the Court below within 30 days from today and applies for bail, then his bail application shall be considered and decided by both the courts below expeditiously, if possible, on the same day in accordance with the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004 (57) ALR-290, as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. and reiterated by the Division Bench of this Court in Sheoraj Singh alias Chuttan Vs. State of UP and others, 2009 (65) ACC 781 after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.5.2019 Faridul