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Allahabad High Court · body

2014 DIGILAW 1824 (ALL)

Pratima Gupta v. State of U. P.

2014-06-05

ARVIND KUMAR MISHRA I

body2014
JUDGMENT Hon'ble Arvind Kumar Mishra-I, J. Heard learned counsel for the applicants and the learned A.G.A. for the State. 2. Prayer has been made for consideration and disposal of bail application of the applicant by the court below concerned expeditiously, if possible, on the same day in Case No. 361 of 2005 (State Vs. Dr. O.P. Gupta and others) arising out of case crime no. 366 of 2004 under Sections 406 I.P.C. and section 3/4 of Dowry Prohibition Act, Police Station Colonelganj, district, Allahabad. 3. It has been disclosed in paragraph no. 23 of the affidavit filed in support of this application that earlier the applicants had preferred Criminal Misc. Application No. 19929 of 2014 (Smt. Pratima Gupta and others Vs. State of U.P. and another), with innocuous prayer to quash the entire proceedings, which has been dismissed vide order dated 28.5.2014 on the ground of laches. The learned counsel for the applicants categorically stated that the relief sought in that application does not relate to the relief sought in the instant application. 4. Law regarding expeditious disposal of bail applications by lower courts, has been exhaustively dealt with by seven Judges panel of this High Court in the case of Amrawati and another Vs. State of U.P. 2004 (2) J.I.C. 63 (FB), which case has been duly considered and approved by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009(1) J.I.C. 677 (S.C.). 5. In view of the above, there is no need of any specific direction to be issued for disposal of bail application by the court below concerned because the law is already settled and the mandate is to be followed in pith and substance by the court concerned without there being any specific direction for the same. 6. In view of above, it is directed that the applicants are at liberty to appear and surrender before the court below within 30 days from today and apply for bail which shall be considered in the light of mandate of aforesaid decisions, after affording opportunity of hearing to the prosecution. 7. This application stands disposed of accordingly.