Court No. - 48
Case :- APPLICATION U/S 482 No. - 6533 of 2018 Applicant :- Narendra Singh And 3 Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Sanjay 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 lower court to dispose of bail application on the same day in Complaint Case No.428 of 2014, Case No.6 of 2015 u/s 498A, 323, 504, 506 IPC and 3/4 of D. P. Act, P.S.Mahila Thana, District-Amroha pending before the court of IInd Additional Civil Judge (J.D.)/Judicial Magistrate, District- Amroha.
Heard the learned counsel for the applicant/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 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 months from today and applies for bail, his prayer for bail be considered and decided in the light of the above mentioned cases.
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.
In the light of what has been observed above, the application stands disposed off.
Order Date :- 27.2.2018 Manish Himwan