Court No. - 48
Case :- APPLICATION U/S 482 No. - 34981 of 2018 Applicant :- Nirmal Kumar Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.,Gyan Prakash
Hon'ble Karuna Nand Bajpayee,J.
This application U/S 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of R.C. No. 16-A of 2012, Special Case No.10 of 2018, C.B.I. versus Nirmal Kumar Srivastava and others, under Sections 120-B, 420, 468, 471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Anti Corruption Act, 1988, P.S. C.B.I./A.C.B. Ghaziabad pending in the court of Special Judge, CBI, Ghaziabad and to stay the proceeding of aforesaid R.C. No. 16- A of 2012, Special Case No. 10 of 2018.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayer seeking quashing of the entire proceeding as has been made in the application nor is inclined to press the prayer seeking stay of the proceeding. What has been urged and pressed by the counsel for the applicant is that the applicant, who was the Deputy Chief Medical Officer at the relevant point of time, is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the hearing of the bail application may be done on the same day.
Heard Sri Gyan Prakash, learned counsel appearing for the C.B.I. and perused the record.
In view of the submission made by the learned counsel for the applicant the application so far as it relates to seeking quashing of the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
With regard to other submission made by the learned counsel for the applicant regarding the same day disposal of the bail application, 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.In the wake of aforesaid pronouncements, regarding the laws on the point 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 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 :- 29.10.2018 CPP/-