Court No. - 54 Case :- APPLICATION U/S 482 No. - 2516 of 2010 Petitioner :- Anil Kumar Patel Respondent :- State Of U.P. And Another Petitioner Counsel :- A.K. Shrivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to dispose of the bail
application of the applicant on the same day in case crime No. 16 of
2010 under sections 419, 420, 467, 468 IPC, P.S. Lanka, District
Varanasi.
However, considering the facts and circumstances of the case, it is
directed that in case the applicant moves application and applies 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 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 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.
With this direction, this application is finally disposed of.
Order Date :- 29.1.2010
RPD
