Court No. - 45 Case :- APPLICATION U/S 482 No. - 94 of 2010 Petitioner :- Mohammad Umar And Aonther Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard learned counsel for the applicants and learned AGA for the State.
In this application under section 482 of the Code of Criminal Procedure (in
short ‘the Cr.P.C.’), it is prayed that the courts below be directed to dispose of
the bail application of the applicants on the same day in Case Crime No. 448
of 2009, under sections 323, 504, 326 IPC, P.S. Chhajlait, District
Moradabad.
Considering the facts and circumstances of the case, it is directed that if the
applicants move application for appearance/surrender before the court
concerned within 30 days from today, the court concerned shall fix date on
that application for surrender/appearance. In the meantime the court
concerned shall seek instruction from the prosecution side. In case, the
applicants move the application for bail on the day of appearance or
surrender, the same shall be considered and disposed of expeditiously and if
possible on the same day by the courts below, keeping in view the law/
guidelines laid down in Smt. Amrawati and another versus State of U.P.
2004 (57) ALR (290) (Seven Judges’ Judgment of this Court) and Hon’ble
Apex Court judgment in Lal Kamlendra Pratap Singh vs. State of U.P. and
others 2009 (3) A.D.J. 322 (SC), but having regard to the observations made
by the Division Bench of this Court in Pradeep Tyagi Vs. State of U.P. and
others 2009 (65) ACC 443 and Sheo Raj Singh @ Chhuttan vs. State of
U.P. and others 2009 (65) ACC 781.
With this direction, the application is finally disposed of.
Order Date :- 6.1.2010
v.k.updh.