- (1.) KHEM Karan, J. Heard Sri Umesh Chandra Singh, learned Counsel for the petitioner and the learned Counsel for the State on this application under Section 482, Cr. P. C.
(2.) A case has been registered as Crime No. 548 of 2001under Sections 147, 148, 307, 302, 504, 506 IPC and 25 Arms Act and Section 7 of Criminal Law Amendment Act and 3 (1) of U. P. Gangsters Act, P. S. Kotwali, District Barabanki. The contention of the learned Counsel for the petitioners is that the petitioners are in custody for over a year and the investigation is still pending and on the expiry of the period of one year as mentioned in Section 19 (2) of the U. P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 read with Section 167 of the Cr. P. C. they moved an application for bail under Section 167 (2) Cr. P. C. He says that this application is being kept pending by the Court concerned and delaying tactics are being adopted by giving dates and the application is not being disposed of. He has also referred to a case of Uday Mohan Lal Acharya v. State of Maharashtra, (sic) Supreme Court Cases (Cri.) 760, in support of his contention that on the failure of the police to submit charge-sheet within statutory period mentioned above the applicants were entitled to be released on bail and the right of the applicants cannot be defeated by keeping such an application for bail pending. In the circumstances, it appears just and proper to dispose of this application under Section 482, Cr. P. C. by giving suitable directions to the Court concerned.
(3.) THE Special Judge (under the U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986) at Faizabad is directed to dispose of the application of the petitioners under Section 167 (2) of the Cr. P. C. in accordance with law within a period of seven days from the date a certified copy of this order is produced before it. Direction issued. .;