Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Smt. Hajjan Babbo Parveen vs State Of U.P. And Another on 29 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 1806 of 2010

Petitioner :- Smt. Hajjan Babbo Parveen
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Kuldeep Kumar
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants and learned A.G.A.

This application has been field by the applicant with a prayer that the bail
application of the applicant in case crime no. 870 of 2008 under section
147,332,353,336 I.P.C. and section 7 of Criminal Law Amendment Act
P.S. Sikandrabad district Bulandshahar may be disposed of in view of
Lal Kamlendra Pratap Singh Versus State of U.P. on 23.3.2009 in
Criminal Appeal No. 538 of 2009.

Considering the facts, it is directed that the bail application of the
applicants shall be heard and disposed of in view of Smt. Amrawati and
another Vs. State of U.P. 2005 Cr.L.J. 755.

Considering the facts, it is directed that the bail application of the
applicants 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 of.
Order Date :- 29.1.2010
N.A.


Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

93 queries in 0.154 seconds.