Court No. - 54 Case :- APPLICATION U/S 482 No. - 34018 of 2009 Petitioner :- Lal Bahadur And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Swarn Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State
respondent.
The applicants, through the present application under Section 482,Cr.P.C.
have invoked the inherent jurisdiction of this Court with the prayer that their
bail application in case crime no. 98A of 2006 under Sections 147, 452, 395,
323, 504, 506, 427, 429 IPC, P.S. Tharwai District Allahabad be ordered to be
considered expeditiously, if possible on the same day by the court below.
After hearing learned counsel for the applicants and learned A.G.A. this
application is finally disposed of with a direction that if the applicants appear
and surrender before the court below within two weeks from today and apply
for bail, then their bail application shall be considered and decided by the
courts below in view of the settled law laid down by the Seven Judges’
decision of this Court in the case of Amarawati and another Vs. State of
U.P., reported in 2004(57) ALR-290 and in the recent decision of the
Supreme Court dated 23.3.09 in Criminal Appeal No. 538 of 2009, Lal
Kamlendra Pratap Singh v. State of U.P., after hearing the Public Prosecutor
in the aforesaid crime number for the aforesaid offences.
Order Date :- 5.1.2010
Ashish