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2014 DIGILAW 1845 (ALL)

Nitin v. State of U. P.

2014-06-10

HARSH KUMAR

body2014
JUDGMENT Hon'ble Harsh Kumar, J. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The applicants have filed this application under section 482 of the Code of Criminal Procedure 1973, (in short 'the Code') seeking direction to the District courts concerned to consider and decide their bail applications on the same day of filing in Case Crime No.172 of 2014, under Sections 452, 323, 504, 506, 354A I.P.C., Police Station-Link Road, District- Ghaziabad. 3. The learned counsel for the applicants submitted that the court below be directed to consider and dispose of their/his bail application on the same day of filing in view of law laid down in the case of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290, having 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 AGA has contended that the case is under Section 354A IPC, which is triable by Sessions Judge and reasonable opportunity of objection is necessary to be given to the State, and no harm is going to be caused be detention of applicants in view of the gravity of offence. It is further argued that this court may not issue any such direction for considering and disposing off the bail application of the applicants the same day within the inherent powers conferred on it under Section 482 of Cr.P.C. as has been 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. The Articles 141 and 144 of the Constitution of India provides that all authorities, civil and judicial in the territory of the country shall act in aid of and in accordance with law laid down by the Supreme Court. Therefore, no specific direction need be issued to follow the law laid down as above in Lal Kamlendra Pratap Singh's Case (Supra). Therefore, no specific direction need be issued to follow the law laid down as above in Lal Kamlendra Pratap Singh's Case (Supra). Since the district 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 the Apex Court in Lal Kamlendra Pratap Singh's Case (Supra) in letters and spirit, there is no sufficient reason or justification for issuance of any specific direction to follow law laid down by Hon'ble the Supreme Court. The application stands disposed of accordingly.