THAKUR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court-The petitioner is involved in Crime No. 100 of 1992 under Section 308/323, IPC, Police Station Malipur district Faizabad in which besides the petitioner, there are three other accused, namely, Sitaram, Raja Ram and Asha Ram. Sita Ram has not so far been arrested. The prayer made in the petition is that the Sessions Judge, Faizabad may be directed to dispose of his bail application on the same day on which it is filed. A prayer for the quashing of the FIR relating to the aforesaid Crime No. 100 of 1992 has also been made.

(2.) IN Dr. Hidayat Husain Khan v. State of U. P. and others, 1992 Cr LJ 3534 : 1992 JTC 589 (All), it has been held that in exercise of its writ jurisdic tion, the court can issue a direction for considering the bail on the same day in appropriate cases.

(3.) HAVING regard to the facts set out above, this petition is disposed of with the direction that : (i) If the applicant surrenders and applies for bail before the Chief Judicial Magistrate in the early part of the day, his bail applica tion shall be disposed of the same day (ii) In case the hearing or disposal of the bail application is adjourned to some future date, the petitioner shall be releases on his execut ing a personal bond for and till that date and on that date the bail application of the applicant shall ba finally disposed of in the early hours of the day to enable the applicant to apply for bail in the Court of Sessions, in case the bail application is rejected (iii) The learned Sessions Judge shall also endeavour to dispose of bail application of the applicant the same day but in case he adjourns the hearing or disposal of the bail application, he shall release the applicant on similar personal bond until the disposal of the bail application. The courts below shall however be free to decide the bail application on merits.