BRAMHANAND SINGH Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. This application under Section 482 Cr. P. C. with a prayer that the bail application may be entertained and disposed of the same day by the learned Magistrate and Sessions Judge. This has now become a practice that before surrendering before the Magistrate, the accused persons come to this court and pray for such a direction so that, may they not be de tained in jail custody for a number of days. The accused persons arrested and involved in a crime is presumed to be innocent unless the guilt is proved beyond all reasonable doubt. The personal liberty as guaranteed by our Constitution is to be respected and complied with in its true meaning. These days, the complaint is received that the bail application filed in the subordinate courts takes 4 to 6 days at least in the Magistrate's Court for disposal and similarly 3 to 54 days before the Sessions Judge for final disposal. The number of days consumed varied from district to district but it cannot be denied that such delay is caused in disposing of the bail application. If an innocent person is detained for 4 to 6 days in jail custody and then permitted to go out of jail, the personal liberty is unnecessarily been curtailed. The settled law on the point is that the bail application be decided the same day it is filed and number of decisions have been given by this Hon'ble Court. The subordinate courts appear not to have concern for the reported cases of the High Court and they still stick to their old practice of consutning number of days in disposing of the bail application.

(2.) IT is well known practice of subordinate courts that whsn the accus ed applicant surrenders before the Magistrate with application for bail, the person is detained, copy of the bail application ssrved to the Public Prosecutor to argue/oppose the bail application. There are fixed courts which entertain criminal cases of certain police station. Every day the police official from the police station comes to the district court and gives the necessary instructions relating to cases of his police station to the Public frosecutor. Thus, there can be no difficulty in deciding the bail application filed in the early hours of day, after lunch by the Magistrate. Similarly, the bail applications filed before the Sessions Judge can also be entertained and decided the same day. Unnecessary delay in deciding bail applicaciau on the ground that instructions are to be obtained leasurly is not proper or justified. A person who is wanted in a criminal case generally avoid being arrested by the police. IT is apprehended that in name of investigation they may be tortured and ill-treat ed. Such apprehension cannot be said to be baseless. A person who surrenders before the court below with bail application, does so voluntarily. When the accused surrenders before the Magistrate and it is not possible to decide the bail application the same day for certain special reasons, e. g. long distance of the police station, want of the necessary records/instructions there would be no difficulty in permitting the accused/applicant to remain outside custody on his furnishing personal bond to ensure his appearence on the date fixed for passing order on bail application. By permitting an accused to remain out still he remains under judicial restraint and there shall be no difficulty in hearing and deciding the bail. The same principle applies when the bail matter is before the Sessions Judge. IT is also desirable that when Magistrate rejects the bail application, he should pass the order in early hours of the day to enable the accused to move the bail application before the Sessions Judge the same day. I quote the relevant passagses of the judgment reported in 1988 Allahabad Criminal Cases 318-Babu Ram and Anr. v. State of U. P. and Ors, , as under: "after the above order has been made the learned counsel for the applicants states that it is a practice hi the subordinate courts at Shahjahanpur that whenever a person applies for bail his appli cation for bail is not considered on the same day. IT is impos sible to conceive such a practice prevailing in the subordinate courts. IT is always expected that as and when any application for bail is moved before the subordinate courts, they shall imme diately dispose it of on the same day more so as the applicant Babu Ram is a Government servant. " A Another case the point reported in 1989 Judicial Interpretation on Crimes, page 207-Rajendra v. State of U. P. and Anr. , it has been observed as under:- "all that need be said here is the fact that is always expected that as and when a particular person surrenders and makes an application for bail in the court below, the bail application should be considered by the courts concerned on the same day. If the court below has to adjourn the decision on the bail application to enabls the Public Prosecutor to obtain instructions then in that case the court below should direct the applicant to appear again on a date fixed by the said court for disposal of the bail application with further direction to the police not to arrest such an ap plicant till his bail application has been disposed of by the court below. This practice should be universally adopted both by the Courts of the Sessionfas also by the Courts of the Magistrates. With this observation, the present petition is finally disposed of".

(3.) COPY of this order may be circulated to all the Chief Judicial Magistrates/metropolitan Magistrates and the Sessions Judges by the Registrar for information and compliance. COPY of this order may be issued in three days' time. Application disposed of. .