Court No. - 44
Case :- APPLICATION U/S 482 No. - 38854 of 2018 Applicant :- Sushil Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Balendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the applicants and the learned A.G.A.
I do not find any merit in this application warranting interference by this Court.
At this stage the learned counsel for the applicants made a prayer that the bail application of the applicants in Complaint Case No. 209 of 2016, under Sections 323, 392, 452, 354A, 504, 506 I.P.C, Police Station Malwa, District Fatehpur, be ordered to be considered expeditiously, if possible on the same day by the Court below.
After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the Courts below within 30 days from today and apply for bail, then their bail application shall be considered and decided expeditiously, preferably on same day, in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor. For a period of 30 days from today or till applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, applicants do not appear before the Court below within the aforesaid period, interim order shall stand vacated automatically.
Order Date :- 27.10.2018/v.k.updh.