Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3841 of 2018
Applicant :- Manish Kumar Singh
Opposite Party :- Mr. Ajay Tyagi, Sessions Judge
Counsel for Applicant :- Parbind Kumar Tiwari
Hon'ble Manoj Kumar Gupta,J.
The instant contempt application has been filed for alleged violation of the directions issued by this Court on 05.02.2018 in Application Under Section 482 No. 2960 of 2018 (Awanish Kumar Singh And 3 Others vs. State of U.P. And Another).
This Court while declining to quash the proceeding of Case No. 207 of 2017, issued the following directions :-
"However, it is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously, preferably, on the same day, in view of the settled law laid by this Court in the case of Amrawati 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 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P."
Learned counsel for the applicant points out that the applicants surrendered on 14.03.2018 and requested for grant of interim bail. However, their interim bail was rejected while the main bail application remained pending. This according to him, amounts to violation of the directions issued by this Court. In support of his contention, learned counsel for the applicant has placed reliance on the judgment of Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Indisputably, the request for consideration of interim bail application on the same day was duly accepted. However, the Sessions Judge by order dated 14.03.2018, the date on which the applicant surrendered, has rejected the application for interim bail by entertaining a finding to the effect that the case of interim bail is not made out.
The Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. (supra) has held that in all cases where final bail application could not be disposed of, the request for grant of interim bail should be considered on the same day. However, it is nowhere held that interm bail has to be granted as a matter of course, but "in appropriate cases". (Para 9). Since the request for consideration of interim bail was duly considered on the same day on which the applicant surrendered, therefore, merely on account of the fact that interim bail was not granted, this Court does not find violation of any direction issued by this Court or by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. (supra).
The contempt application is accordingly disposed of.
(Manoj Kumar Gupta, J.)
Order Date :- 31.7.2018/sailesh