Court No. - 54 Case :- APPLICATION U/S 482 No. - 33987 of 2009 Petitioner :- Smt. Dimpal Gaur Respondent :- State Of U.P.And Another Petitioner Counsel :- R.P.Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. 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. 1411A of 2009 under Sections 147, 148, 149,
307, 452, 427 IPC and Section 3(1)X SC/ST Act, P.S. Kotwali District
Pilibhit be ordered to be considered expeditiously, if possible on the same day
by the court 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 by
the courts below 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 23.3.09 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
Ashish