MALWATI Vs. STATE OF U F AND QRS

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner at length.

(2.) THE petitioner is involved in Crime No. 529 of 1992 under Section 489-A, 304-B, 201, 120-B, I. P. C. and Section 3/4 of the Prohibition of Dowry Act, P. S. Sardhana, District Meerut.

(3.) THE power to hear and dispose of the bail application the same day and alternatively to enlarge the accused on personal bond till the disposal of the bail application is implicit in the language of Sections 437/439 Cr. P. C. In the circumstances of a case if the learned Magistrate/sessions Judge feel that such a course should be adopted and it is always open to them either to dispose of the application on the same day and in the alternative release the accused on executing personal bond till the disposal of the application. It may be also pointed out that the applicant is entitled to claim the benefit of the proviso to Section 437 (i) (ii) Cr. P. C. which contains special provision for bail to woman, minors under 16 years of age and sick or infirm persons. 6 With these observations, the writ petition is disposed of finally. A copy of this order shall be given to the counsel for the petitioner on payment of usual charges within three days. Petition disposed of. .