Court No. - 54 Case :- APPLICATION U/S 482 No. - 2932 of 2010 Petitioner :- Yameen Respondent :- State Of U.P. And Another Petitioner Counsel :- Vishwa Pratap Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with prayer to quash the chargesheet in
case crime No. 412 of 2009 under sections 354, 504, 506 I.P.C., P.S. C.B.
Ganj, District Bareilly Pending in the court learned A.C.J.M. Bareilly.
From the perusal of the record, it appears that on the basis of material
collected by the I.O. the prima facie offence is made out. Therefore, there
is no irregularities or illegality in filing the chargesheet, the prayer for
quashing the chargesheet is refused.
However, considering the facts and circumstances of the case, it is
directed that in case applicants appear before the courts below 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 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 :- 2.2.2010
RPD