Court No. - 5 Case :- APPLICATION U/S 482 No. - 21140 of 2010 Petitioner :- Ram Narayan Patel And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Aditya Prasad Mishra,K. S. Mishra Respondent Counsel :- Govt Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicants and the learned
A.G.A.
This application has been filed by the applicants with a prayer that
bail application in case crime no. C-29 of 2006 under sections 3/4
Prevention of Damage to Public Property Act ,1984 P.S.Phulpur
district Allahabad may be disposed of in view of Lal Kamlendra
Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal Appeal
No. 538 of 2009.
However, considering the facts, it is directed that in case
applicants appear before the court concerned within 30 days
from today and applies for bail, the same shall be heard and
disposed of 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 :- 18.6.2010
Naresh