ASHA RAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned Additional Government Advocate appearing for the State of U.P.

(2.) THE prayer in this application under Section 482 Cr. P.C. is for permitting the applicants to continue on the earlier bail granted to them also in the newly added Section 307 IPC on their furnishing fresh bail bonds to the satisfaction of the Court concerned.

(3.) HOWEVER , looking to the circumstances of the case and the fact that the applicants had been granted bail in the same matter, but Section 307 was added later, if the applicants appear before the Magistrate concerned within a period of three weeks from today in the early hours when the Court sits, and apply for bail, the learned Magistrate shall dispose of the bail application on the same day, if possible. Thereafter, the bail application shall be presented on the same day, if possible, before the learned Sessions Judge concerned, who shall dispose of the bail application expeditiously. In case, the learned Sessions Judge is inclined to keep the bail application pending to seek a report from the police in the matter, he may even consider releasing the applicants on interim bail fixing some date for hearing of the bail application, if he deems it an appropriate case, in view of the circumstances alluded to above in accordance with the decision of the Full Bench in Smt. Amarawati and another v. State of U.P. (Criminal Misc. Application No. 2154 of 1995) decided on 15 -10 -2004 [Since reported in 2004(2) JIC 630 (All) (FB).