Single judge allowed an interim direction under Section 482 Cr.P.C. that if the applicant appears within 30 days and moves for bail, the lower court must hear and dispose of it expeditiously, relying on Amrawati and Lal Kamlendra Pratap Singh.
Direction to lower court to hear and dispose of bail application expeditiously if applied for within 30 days.
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Court No. - 47
Case :- APPLICATION U/S 482 No. - 19999 of 2020
Applicant :- Ajay Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K.Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to dispose the bail application of the applicant on the same day on which he appears in S.T No. 119 of 2020, under Sections 504, 506 I.P.C and 3(i)(th), 3(i)(gha) of SC/ST Act, Police Station Raya, District Mathura, arising out of case crime no. 144 of 2020, pending in the court of Special Judge SC/ST Act, Mathura.
The learned counsel for the applicant has submitted that in the F.I.R there is no specific allegation against the applicant. No offence is made out against the applicant. During course of investigation the Investigating Officer recorded the statement of first informant and witnesses. No specific role has been assigned to the applicant by any of the witnesses.
The learned A.G.A vehemently opposed the prayer.
The grounds for direction to decide the bail application expeditiously on the same day are on the grounds of bail application and can be raised by the applicant before the court concerned. However, the learned counsel for the applicant prays that he is willing to move bail application before the court concerned and same may be decided expeditiously.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant 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.
With the above observations, this application under Section 482 Cr.P.C is disposed of .
Order Date :- 5.1.2021/PS
2 issues framed by the court
Whether to direct the lower court to dispose of the applicant's bail application expeditiously upon his appearance.
Whether grounds for speedy disposal of bail are valid for an interim order under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶10
Amrawati and another Vs. State of U.P. [2005 Criminal Law Journal 755]
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶10
[(2009) 4 Supreme Court Cases, 437] Lal Kamlendra Pratap Singh Vs. State of U.P.
1 provisions across 1 enactments
Ajay
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
