Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and have perused the record.
In this application under section 482 Cr.P.C. it is prayed that the courts below be directed to dispose of the bail application of the applicant on the same day in Case No. 621 of 1999 under Sections 147, 341, 188 IPC PS: Sadabad, District: Hathras pending in the Court of Civil Judge (Jr. Division)/Judicial Magistrate, Sadabad (Hathras).
Considering the facts and circumstances of this case, it is directed that if the applicant moves application for appearance or surrenders before the court concerned within 30 days from today, the court concerned shall fix date on that application for surrender/appearance. In the meantime the court concerned shall seek instruction from the prosecution side. In case the applicant moves the application for bail on the day of appearance or surrender, the same shall be considered and disposed of expeditiously and if possible on the same day by the courts below, keeping in view the law/guidelines laid down in Smt. Amrawati and another vs. State of U.P., 2004(57) ALR 290 and the judgment of Hon'ble Apex Court in Lal Kamlendra Pratap Singh vs. State of U.P. and others, 2009(3) A.D.J.322 (SC) but having regard to the observations made by the Division Bench of this Court in Pradeep Tyagi vs. State of U.P. and others, 2009 (65) ACC 443 and Sheo Raj Singh @ Chhuttan vs. State of U.P. & others, 2009 (65) ACC 781.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 27.1.2010 abHiShEk