Court No. - 42 Case :- APPLICATION U/S 482 No. - 33528 of 2009 Petitioner :- Smt. Ramdulari And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- J. S. Kashyap,S. P. Chaudhary,Stuti Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
The applicants have filed this application under section 482 of the Code of
Criminal Procedure with a prayer that trail court’s order dated 9.12.2009 may
be quashed and trial court may be directed to dispose of the bail application of
the applicants on the day, the same is moved.
From papers filed by the applicants, it appears that charge-sheet was filed
against the applicants and others for the offence under sections
420,467,468,471,120B IPC and section 8 Prevention of Corruption Act. The
case was registered as criminal case No. 52 of 2008. The learned counsel for
the applicants argued that the summons of the case were not served upon the
applicants and without looking to these facts the court issued non-bailable
warrants against the applicants vide order dated 9.12.2009. It has been prayed
that bail application of the applicants may be disposed of on the same day.
I considered on the above said arguments. A direction for disposal of the bail
application on the same day cannot be issued as the same will be an
interference with the discretion of the trial court. However, the application
under section 482 Cr.P.C. is disposed of with this direction that if the
accused-applicants surrender in the trial court within three weeks from today,
their bail application shall be disposed of in the light of the judgement passed
by 7 judges Bench of this court in Amarawati and another Vs. State of U.P.,
2005 Cr.L.J. 755 as approved by the Apex Court in Lal Kamlendra Pratap
Singh Vs. State of U.P. In Criminal Appeal No. 538 of 2009 Supreme Court
dated 23.3.2009
Order Date :- 18.1.2010
Salim