Court No. - 54 Case :- APPLICATION U/S 482 No. - 3137 of 2010 Petitioner :- Lavlesh Respondent :- State Of U.P. Petitioner Counsel :- S.V. Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants with a prayer that the bail
application of the applicant in case crime no. 28 of 2008, under Sections 420,
504 & 506 IPC, Police Station Karvi. District Chitrakoot may be disposed of
in view of the Smt. Amarawati and and another Vs. State of U.P. 2005
Cr.LJ 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
decision of the Supreme Curt 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, and if he
decides in a rare and exception 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 applciation later.
The same has been approved by the Hon’ble Apex Court in Lal Kamlendra
Pratap Singh Versus State of U.P.
With this direction, this application is finally disposed of.
Order Date :- 3.2.2010
ARS