Court No. - 45 Case :- APPLICATION U/S 482 No. - 33775 of 2009 Petitioner :- Mohit @ Jadda And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Sanjeev Mishra Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Sri Sudeep Kumar Pathak, Advocate has filed memo of apperance on behalf
of the opposite party no.2 which is taken on record.
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 applicant on the same day in Case No. 592 of 2009,
(State Vs. Dheerandra & others), arising out of Case Crime No. 387 of 2009,
under Sections 354, 323, 504 & 506 and Under Section 3 (1) (x) S.C./S.T.
Act, Police Station Ganjundwara , District Kashi Ram Nagar.
Considering the facts and circumstances of the case, it is directed that if the
applicant moves application for appearance/surrenders before the court
concerned within 30 days from today, the court concerned shall fix date on
that application for surrenders/appearance. In the meantime the court
concerned shall seek instruction from the prosecution side. In case, the
applicant moves the application for bail on the day of appearance or
surrenders, 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 :- 11.1.2010
RS.