Court No. - 65
Case :- APPLICATION U/S 482 No. - 16989 of 2019 Applicant :- Rajesh Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Yadav Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
The 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 pursuant to FIR dated 13.12.2017 in Case Crime No. 2146 of 2017, u/ss 420 and 406 IPC, P.S. Jalalabad, District Shahjahanpur pending before the court below.
Heard the learned counsel for the applicant 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 view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within four weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 29.4.2019 CPP/-