Court No. - 54 Case :- APPLICATION U/S 482 No. - 33228 of 2009 Petitioner :- Amlesh Jaiswal Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent.
The applicant, through the present application under Section 482 Cr.P.C. has
invoked the inherent jurisdiction of this Court with the prayer that his bail
application in case crime no.556 of 2009, under Section 353 IPC and Section
3 Prevention of Public Property Damages Act, PS Raunapar, District
Azamgarh, be ordered to be considered expeditiously, if possible on the same
day by the Court below.
After hearing the learned counsel for the applicant and the learned AGA, this
application is finally disposed of with a direction that if the applicant appears
and surrenders before the Courts below within two weeks from today and
applies for bail, then his bail application shall be considered and decided in
view of the settled law laid down by the Seven Judges’ decision of this Court
in the case of Amarawati and another Vs. State of U.P., reported in 2004(57)
ALR-290 and in the recent decision of the Supreme Court dated 23.3.2009 in
Criminal Appeal No. 538 of 2009, Lal Kamlendra Pratap Singh v. State of
U.P., after hearing the Public Prosecutor, in the aforesaid crime number for
the aforesaid offences.
Order Date :- 5.1.2010
Hasnain