Court No. - 43 Case :- APPLICATION U/S 482 No. - 24728 of 2010 Petitioner :- Intiyaaz And Others Respondent :- State Of U.P. Petitioner Counsel :- Jai Narain Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicants and the learned A.G.A.
This application has been filed with a prayer that a suitable direction may be
issued to the courts below for disposal of the bail application of the applicants
on the same day in case crime No. 303 of 2010 under sections 452, 323, 504
I.P.C., P.S. Kasganj, District Kanshi Ram Nagar.
Considering the facts and circumstances of the case, it is directed that in case
applicants 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 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.
Order Date :- 4.8.2010
Su