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2014 DIGILAW 1846 (ALL)

Chheda Lal v. State of U. P.

2014-06-10

OM PRAKASH VII

body2014
JUDGMENT Hon'ble Om Prakash-VII, J. Heard learned counsel for the applicants, learned A.G.A. and perused the record. 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 lower court concerned to consider and decide their bail applications on the same day if filed by the applicants in the court below in Case Crime No. 1180 of 2013 under Sections 420,467,468,471 I.P.C. Police Station-Anwala, District-Bareilly. 3. It is submitted by the learned counsel for the applicants that the court below be directed to consider and dispose of bail application of the applicants 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. On the other hand, learned A.G.A. submits 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 applicants 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). Therefore, there is no need of a specific direction 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.