Shiv Moorat and Ors. vs State of U.P.

N. L. Ganguly, J.—No case is made out for arrest of the applicant in Crime No. 73 of 1991 u/s 379 I.P.C. PS. Cantt. District Allahabad.

The only prayer is that a direction be issued that the bail application of the accusedappellant may be entertained by the learned Magistrate and the Sessions Judge on the day they surrender. I don''t consider it necessary to issue such a direction in each and every case of accused applicant who approach this court before surrendering to the lower appellate court. The law for consideration of bail applications and the manner of disposal has been settled by a number of judgments of this court, e.g. in Babu Ram and another v. State of U.P. and others, 1989 ACC 318 and Rajendra v. State of U.P. and another, 1989 JIC 207. The law laid down is published in Ram sahai v. State of U.P. and another, Crl. Misc Application No. 4109 of 1991.I have also issued directions following the reported cases of this Court, the procedure for entertaining the disposal of bail application by the subordinate courts. It is for the counsel for the applicant in the courts below to bring to the notice of the court concerned the law laid down by the High Court. If the counsel for the applicant bring the relevant case law to the notice of the courts below, there is no doubt that the courts below will follow the law in the matter of bail applications.

With these observations the application u/s 482 Cr.P.C. is disposed of.