Dhiraj Jindal vs State Of U.P.

Karuna Nand Bajpayee, J.—This application u/s. 482 Cr.P.C. has been filed seeking direction to the lower court to dispose of bail application on the same day in Case Crime No. 28 of 2013 u/s. 498A, 323, 504, 313 IPC read with section 3/4 D.P. Act P.S. Mahila Thana District Farrukhabad. Heard the learned counsel for the applicant and learned A.G.A.

All the courts must endeavour to decide the bail applications on the same day in suitable cases, if it is possible for them to do so. This is a matter of lower court''s discretion which they must exercise judiciously in appropriate cases. The law regarding the hearing of bail applications on the same day and all its related aspects have been comprehensively dealt with in the case of Amrawati and another Vs. State of U.P. 2004(57) ALR 290 which was also approved by the Hon''ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, .

Above mentioned Full Bench decision of this High Court and the decision of Hon''ble Apex Court are binding on the lower courts. They must be followed in letter and spirit. There is no need to pass separate orders in this regard.

However, it is directed that in case the applicant appears before the court below within one month from today and applies for bail, his prayer for bail be considered and decided in the light of the above mentioned cases.

It is made clear that if the applicant does not avail of this order within stipulated period of time, no time extension application shall be entertained. In the light of what has been observed above, the application stands disposed of.