Heard learned counsel for the applicant and the learned AGA. This application has been filed by the applicant Subhash Yadav with a prayer to direct the court below to dispose of the bail application of the applicant on the same day in case Crime No. 116 of 2010, under Sections 147, 148, 149 and 307 I.P.C. and 7 Criminal Law Amendment Act, Police Station Awagarh district Etah.
Considering the fact and circumstances of the case 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 same day in accordance with the judgment 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.The High Court should ordinarily not direct any Subordinate Court to decide the bail application the same, 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 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 reported in 2009 (3) ADJ 322(SC).
With this direction this application is finally disposed of. Order Date :- 15.6.2010 Shahnawaz
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