Court No. - 54 Case :- APPLICATION U/S 482 No. - 3566 of 2010 Petitioner :- Ambika Prasad And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Hare Krishna Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been field by the applicant with a prayer that the bail
application of the applicants in case crime no. 18 of 2010 under sections
323,504,506 I.P.C. and section 3(1) S.C./S.T. Act P.S. Mau Aima
district Allahabad may be disposed of in view of Lal Kamlendra Pratap
Singh Versus State of U.P. on 23.3.2009 in Criminal Appeal No. 538 of
2009.
Considering the facts, it is directed that the bail application of the
applicants shall be heard and disposed of in view of Smt. Amrawati and
another Vs. State of U.P. 2005 Cr.L.J. 755.
Considering the facts, it is directed that the bail application of the
applicants 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 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 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 above view 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.
With this direction, this application is finally disposed of.
Order Date :- 4.2.2010
N.A.
