NAULAKH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application in a pending writ petition which has been admitted. In it, it is prayed that further investigation in Crime No. 547 of 1986 under sections 504/506 of the Indian Penal Code read with Sections 2/3 of U. P. Gangesters and Anti-Social Activities (Prevention) Act, 1986, (hereinafter referred to as the Act) may be stayed. It is further prayed that the petitioner's bail application should be considered ignoring the provisions of section 2/3 of the Act.

(2.) IN Special Leave Petition (Crl.) No. 1616 of 1986 arising out of the order of the Lucknow Bench of this Court in Civil Misc. Application No. 4925 of 1986 in Civil Misc. Writ Petition no 2584 of 1986 the Supreme Court has observed that while considering an application for bail the Court shall not ignore the provisions of Section 2/3 of the Act.

(3.) WE direct that if the petitioner applies for bail the Special Judge shall apply the provisions of Section 19 (4) (b) of the Act in the manner we have indicated above while disposing of the bail application.