Court No. - 54 Case :- APPLICATION U/S 482 No. - 29773 of 2009 Petitioner :- Moin Ansari Respondent :- State Of U.P. And Another Petitioner Counsel :- J.L Patel Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
In pursuance of the order dated 25.11.2009 applicant and Ali Ansari,
respondent no. 2 are present in the Court. It is stated by opposite party no. 2
before the court orally that it is very difficult to enter into the compromise
because the life of his mother is in danger due to activities of the applicant.
This application has been filed with a prayer to quash the proceedings of
criminal case no. 761 of 2008 under sections 323, 504, 506 IPC, pending in
the Court of learned Judicial Magistrate-I, Jaunpur, P.S. Machhalishahar,
District Jaunpur.
From the perusal of the record, it appears that on the basis of material
collected by the I.O. prima facie offence is made out. There is no illegality in
the charge sheet. Therefore, the prayer for charge sheet as well criminal
proceeding is refused. The impugned order dated 25.11.2009 is hereby
vacated.
However, considering the facts, it is directed that in case applicant appears
before the court concerned within 30 days from today 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 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 :- 12.1.2010
prabhat