Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19818 of 2009 Petitioner :- Mohd. Wajid & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- K.S. Shukla Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon’ble Surendra Singh,J.
List is revised.
Learned counsel for the petitioners is not present.
This application has been filed with a prayer that ten days time may be
granted to the petitioners to appear before the court concerned in compliance
of the order dated 17.9.2009.
The petitioners have filed Criminal Misc. Writ Petition No. 19818 of 2009,the
same has been disposed of on 17.9.2009 in which it was directed that in case
the petitioners appear before the court concerned within 30 days from today
and apply 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 makean 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 same 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. But the petitioners have not appeared before the court concerned
within the aforesaid period.
There is no good ground to grant some more time to the petitioners to appear
before the court concerned. The order dated 17.9.2009 is too old.
Accordingly this application is dismissed.
Order Date :- 23.7.2010,RPD