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2014 DIGILAW 1184 (ALL)

Noon v. State of U. P.

2014-04-11

HET SINGH YADAV

body2014
JUDGMENT HON'BLE HET SINGH YADAV, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. The applicant has filed this application under section 482 of the Code of Criminal Procedure 1973, (in short the Code) seeking direction to the lower court concerned to consider and decide his bail application on the same day if filed by the applicant in the court below in Case Crime No. 31 of 2014 under Sections 41/102Cr.P.C. and 414, 420, 467, 468, 471 I.P.C. Police Station-Bhojpur, District-Ghaziabad. 3. It is submitted by the learned counsel for the applicant that the name of the applicants has been mentioned in the F.I.R. on the basis of disclosure statements made by the co-accused before the police. No incriminating materials have been recovered from the possession of the applicant. Learned counsel for the applicant strenuously urged that the court below be directed to consider and dispose of bail application of the applicant on the same day on which it is to be filed, in view of law laid down in the case of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290, which has been affirmed by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC). 4. Learned A.G.A. repudiates the submission made as above. It is pointed out that this court cannot exercise its inherent power under Section 482 of the Code giving direction regarding the manner in which the bail application of the applicant should be considered by the court below as held by the apex court in S.E. Investment Ltd. Vs. Purnendu Shekharmal Jain and others in Criminal Appeal No. 1493 of 2012. 5. A seven Judges Bench of this Court in Amrawati's Case (Supra) has dealt with comprehensively with the law in respect to the prayer for hearing the bail application on the same day which has been approved by the apex court in Lal Kamlendra Pratap Singh's Case (Supra). 6. The law declared by the Hon'ble Supreme Court shall be binding on all courts. All authorities, civil and judicial in the territory of the country shall act in aid of the Supreme Court as enshrined under Articles 141 and 144 of the Constitution of India. Therefore, no specific direction need be issued to follow the law laid down as above in Lal Kamlendra Pratap Singh's Case (Supra). All authorities, civil and judicial in the territory of the country shall act in aid of the Supreme Court as enshrined under Articles 141 and 144 of the Constitution of India. Therefore, no specific direction need be issued to follow the law laid down as above in Lal Kamlendra Pratap Singh's Case (Supra). The courts below are supposed to follow the law laid down as above by this Court in Amrawati's Case (supra) which has been approved by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh's Case (Supra) in letter and spirit. The application is disposed of finally.