(1.) For the reasons recorded separately this Full Bench unanimously holds that in exercise of powers under Article 226 of the Constitution, while issuing direction and command to the Magistrate or the Court of Sessions as the case may be, to consider the bail application; time Schedule for concluding bail proceedings cannot be fixed. Consequently, decision rendered in Dr. Hidavat Hussain Khan v. State of U.P., (1992 Crl. LJ 3534) is overruled and the decision rendered in Writ Petition No. 919 of 1992, Noor Mohammad v. State of U.P. and others is upheld.
(2.) Accordingly, all the three writ petitions are disposed of with the direction that if the petitioners are arrested and brought before the competent Court or voluntarily surrender before the competent Court, and apply for bail, their bail applications will be decided by the competent Court as expediously as possible in accordance with law.2A. B. M. Lal, J. Following question is to be answered by this Full Bench : "Whether while rejecting the writ petition filed for quashing First Information Report, this Court in exercise of its powers under Article 226 of the Constitution of India can issue a writ, order or direction in the nature of mandamus commanding the Magistrate or the Court of Session as the case may be, to consider bail application of the accused/petitioner on the same day,ANDin the event of failure to conclude hearing of the bail application same day, to release the accused/petitioner on bail or on his personal bond same day, by granting interim bail pending disposal of the bail application ?2B. Divergent judicial views surfaced in this Court on this question. According to the view taken in Dr. Hidavat Hussain Khan v. State of U.P. and others (1992, Cri LJ 3534), a Division Bench of this Court held that this Court can issue direction to consider bail same day and in the event of failure to do so to release the accused on interim bail or on his personal bond same day till disposal of the bail application.
(3.) Whereas according to another view taken in Writ Petition No 919 of 1992 (Noor Mohammad v. State of U.P. and others), a Division Bench of this Court (Lucknow Bench) taking contrary view held that such directions fixing time limit to consider bail same day and in the event of failure to do so to release the accused on interim bail or personal bond cannot be issued.
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