NAND KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. Through this ap plication under Section 482, Cr. P. C. the two applicants, the husband and wife, have prayed for consideration of their bail ap plication at the court below at Budaun on the date of their surrender and their moving the said bail application in rela tion to case Crime No. 368 of 1998, P. S. Bisauli, District Budaun, for offences under Sections 352/332/504/336, IPC, read with Section 3 (1) (x) of the S. C. & S. T (Prevention of Atrocities) Act. When con fronted with the Full Bench decision of this Court that directions for taking up batl Applications on the date of their presentation are not to be given; the learned Counsel relied on certain decisions of the Supreme Court to say that these decisions would override the Full Bench decision of this High Court.

(2.) RELIANCE was placed on the order on the application for Special Leave Bear ing No. 2220 of 1998 (Maya Wati v. Central Bureau of Investigation, New Delhi ). By its order dated 7-8-1998, the Supreme Court observed that there was no merit in the SLP. It was accordingly dismissed. The Supreme Court, however, directed that if the petitioner was arrested in connection with the concerned case, her bail applica tion 'shall be' considered by the concerned Magistrate on the same day.

(3.) IN the case JT 1997 (1) SC 679, the Supreme Court had given certain guidelines in the matter of monitoring an investigation. IN that sense it was a declara tion of law and the High Court, under a similar circumstances, was directed to fol low the same guidelines.