Hon'ble Ashwani Kumar Singh,J.
Prayer in this petition is for quashing of the F.I.R case crime no. 724-A of 2010 under sections 147, 148, 149, 452, 323, 504, 506 I.P.C. and 3(i)X of S.C./S.T. Act police station Ram Nagar district Barabankiand also for stay of arrest during pendency of writ petition.
From a punctilious reading of the contents of the F.I.R, it cannot be said that ex facie no cognizable offence is disclosed or that there is any legal fetters operating as an obstacle in the way of investigation and by this reckoning, there is no discernible valid ground for quashment of the F.I.R.
Our attention is adverted to a recent decision of the Apex Court dated 23.3.2009 passed in Criminal Appeal No. 539 of 2009 Lal Kamlendra Pratap Singh v. State of U.P. wherein the Apex Court quintessentially observed that in appropriate cases, the court may consider enlarging accused on interim bail pending consideration of his regular bail observing further that arrest is not a must in each case when a First Information Report of a cognizable offence is lodged. The Apex Court also relied upon with approval a decision of Full Bench of Allahabad High Court in Amrawati v. State of U.P. 2005 Cr.L.J. 755 wherein the observations made were on similar lines.
Having considered the facts and arguments advanced across the bar, we are of the view that the petition be disposed of attended with following directions.
If an application is moved before the competent Magistrate within 3 weeks, while fixing a date of about a week, the learned Magistrate may pass appropriate order directing that the petitioner be not arrested without permission of the Magistrate between the date of moving application for surrender and the date fixed for his appearance in the court. In the meanwhile, the court may call upon the prosecution to obtain instructions from the Investigating officer and thereafter, dispose of the bail application accordingly in the light of the observations made in Amarawati's case (supra). It would also be open to the learned Magistrate to pass order granting interim bail to the petitioner in appropriate cases on such terms and conditions as may be deemed necessary till next date of hearing of the bail applications in case the court is not in a position to dispose of the bail application or some further instructions are required to do justice in the matter.
However, in grave offences like murder, dacoity, robbery, rape etc or cases under the Gangsters Act or where the accused is likely to abscond and evade the process of law or where the accused is a habitual offender with lot of cases to his discredit or in an offence involving high stake scam, the court will act with restraint and in its discretion may desist from extending coverage of the said decision.
The petition is disposed of accordingly in terms of above directions/observations.
Order Date :- 23.3.2011 o.k.