Tassavar vs State of U.P.

Bharat Bhushan, J.—Learned counsel for applicant is permitted to make necessary correction in the prayer of bail application.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

The applicant has filed this application u/s 482 of the Code of Criminal Procedure 1973, (in short ''the Code'') seeking direction to the lower court concerned to consider and decide their bail applications on the same day if filed by the applicant in the court below in Case Crime No. 271 of 2014, u/s 379 IPC, P.S. Kithore, Tehsil Mawana, District Meerut.

It is submitted by the learned counsel for the applicant that the court below be directed to consider and dispose of bail application of the applicant on the same day on which it is to be filed, in view of law laid down in the case of Amarawati and Another (Smt.) Vs. State of U.P., , which has been affirmed by the Hon''ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, .

Learned A.G.A. repudiates the submission made as above. It is argued that this court cannot exercise its inherent power u/s 482 of the Code giving direction regarding the manner in which the bail application of the applicant should be considered by the court below as held by the apex court in S.E. Investment Ltd. Vs. Purnendu Shekharmal Jain and others in Criminal Appeal No. 1493 of 2012.

A seven Judges Bench of this Court in Amrawati''s Case (Supra) has dealt with comprehensively with the law in respect to the prayer for hearing the bail application on the same day which has been approved by the apex court in Lal Kamlendra Pratap Singh''s Case (Supra).

The law declared by the Hon''ble Supreme Court shall be binding on all courts. All authorities, civil and judicial in the territory of the country shall act in aid of the Supreme Court as enshrined under Articles 141 and 144 of the Constitution of India. Therefore, no specific direction need be issued to follow the law laid down as above in Lal Kamlendra Pratap Singh''s Case (Supra). The courts below are supposed to follow the law laid down as above by this Court in Amrawati''s Case (supra) which has been approved by Hon''ble Supreme Court in Lal Kamlendra Pratap Singh''s Case (Supra) in letter and spirit.

The application is disposed of finally.