Court No. - 65
Case :- APPLICATION U/S 482 No. - 16600 of 2019 Applicant :- Saurabh Prashant Opposite Party :- State Of Up And Another Counsel for Applicant :- P.K. Singh 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 in S.T. No. 288 of 2006, arising out of Case Crime No. 228 of 2005, State vs. Ashok Kumar Sharma, under Sections 308, 325, 323, 504, 506 I.P.C. P.S.- Cantt., District- Varanasi.
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 the peculiar facts and circumstances of the case it is directed that in case the applicant appear before the court below within two month from today and apply for bail, their prayer for bail be considered 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.
In the light of what has been observed above, the application stands disposed off.
Order Date :- 26.4.2019 Naresh