The High Court disposed of an application under Section 482 Cr.P.C. directing courts below to expeditiously hear and decide bail applications if moved within 45 days. A stay on coercive action was granted for this period.
Direction to hear bail applications expeditiously within 45 days; stay on coercive action for 45 days.
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Court No. - 70 Case :- APPLICATION U/S 482 No. - 8458 of 2019 Applicant :- Ravi And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Kuldeep Singh Yadav,Seema Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the Charge sheet dated 16.3.2016 and further proceedings of Criminal Case No. 5388 of 2018 arising out of Case Crime No. 188 of 2016, under Sections 458, 323, 504 and 506 IPC, police station Karhal, district Mainpuri pending in the court of Chief Judicial Maigstrate, Mainpuri.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 16.3.216 against the applicants and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail applications of the applicants expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply for bail, the bail applications of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days from today, no coercive action shall be taken against the applicants in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 11.3.2019
Sumaira
2 issues framed by the court
Whether a direction can be issued for expedited hearing of bail applications pending in lower courts.
Whether coercive process can be stayed pending the expedited hearing of bail applications.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Explained¶5
Amrawati and another Vs. State of U.P. 2005 Criminal Law Journal 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶5
Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 4 SCC 437 · Who else cites this
1 provisions across 1 enactments
Ravi
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
