Court No. - 54 Case :- APPLICATION U/S 482 No. - 2998 of 2010 Petitioner :- Suman Verma And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- S.C. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application is filed with a prayer to quash the charge sheet of the
case crime no. 541 of 2007 under Section 324, 353, 504 I.P.C. And 3(1)
X of SC/ST Act,P.S. Barra, District Kanpur Dehat, pending in the court
of A.C.M.M. Ist, Kanpur Nagar.
From the perusal of the record it appears that on the basis of the
material collected by the I.O. during investigation, prima facie aforesaid
offences are constituted. There is no illegality in submission of the
charge sheet, therefore, the prayer for quashing the charge sheet is
refused.
However, considering the facts, it is directed that in case applicants
appear before the court concerned within 30 days from today and apply
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 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.
Order Date :- 2.2.2010
Su