Court No. - 54 Case :- APPLICATION U/S 482 No. - 32954 of 2009 Petitioner :- Smt. Subhawati Devi Respondent :- State Of U.P. & Another Petitioner Counsel :- Harindra Prasad,Ram Narain Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
The applicant, through the present application under Section 482
Cr.P.C., has invoked the inherent jurisdiction of this Court with a
prayer that her bail application in Case Crime No. 1102 of 2009, under
Sections 323, 332, 353, 504, 506 I.P.C., Police Station Jamaniyan,
District Ghazipur, be ordered to be considered expeditiously, if possible
on the same day by the Courts below.
After hearing learned counsel for the applicant and learned A.G.A. this
application is finally disposed of with a direction that if the applicant
appears and surrenders before the Court below within two weeks from
today and applies for bail, then her 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 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 2009 (3) ADJ 322 (322) (SC) Lal
Kamlendra Pratap Singh Vs. State of U.P., after hearing the Public
Prosecutor in the aforesaid crime number for the aforesaid offence by
the Courts below.
Order Date :- 5.1.2010
S.Ali