Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioner and learned A.G.A.
In the present case First Information Report in question has been lodged against the petitioner as Annexure-1 to the writ petition, on account of files entrusted to him having been misplaced by him. Perusal of aforesaid First Information Report, discloses commission of cognizable offence, as such no interference is being made by this Court.
At last prayer has been made for consideration of bail, as such application is disposed of in view of Lal Kamlendra Pratap Singh Versus State of U.P. decided on 23.3.2009 in Criminal Appeal No. 538 of 2009 by the Apex Court. However, considering the facts, it is directed that in case petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755. The Full Bench of this court has held in the aforementioned case;
1. Even if a cognizable offence is disclosed in the FIR or complaint the arrest of the accused is not a must, rather the police officer should be guided by the the decision of the Supreme Court in Joginder Kumar Vs. State of U.P. 1994 Cr.L.J. 1981, before deciding whether to make an arrest or not.
2. The High Court should ordinarily not direct any Subordinate Court to decide the bail application the same day, as that would be interfering with the judicial discretion of the court hearing the bail application. However, as stated above, when the bail application is under section 437 Cr.P.C. ordinarily the Magistrate should himself decide the bail application the same day, and if he decides in a rare and exceptional case not to decide it on the same day, he must record his reasons in writing. As regards the application under section 439 Cr.P.C. it is in the discretion of the learned Sessions Judge, considering the facts and circumstances whether to decide the bail application the same day or not, and it is also in his discretion to grant interim bail the same day subject to the final decision on the bail application later.
The above view has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal Appeal No. 538 of 2009.
With this direction, this petition is finally disposed of Order Date :- 21.6.2010 T.S.