LAWS(ALL)-2004-10-140

AMARAWATI Vs. STATE OF U P

Decided On October 15, 2004
AMARAWATI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This Full Bench is constituted to consider the following questions :

(2.) In the case of Dr. Vinod Narain (Writ Petition No. 3643 of 1992) it was held : "For the reasons recorded separately this Full Bench unanimously holds that in exercise of power under Article 226 of the Constitution, while issuing direction and command to the Magistrate or the Court of Session as the case may be, to consider the bail application time schedule for concluding the bail proceedings cannot be fixed. Consequently, the decision rendered in Dr. Hidayat Hussain Khan v. State of U. P., (1992 Cri LJ 3534) is overruled and the decision rendered in Writ Petition No. 919 of 1992 (reported in 1994 All LJ 50) Noor Mohd. v. State of U. P. is upheld."

(3.) In the same judgment Hon'ble Palok Basu, J. observed (in paragraph 183) :