- (1.) BY the Court-The petitioner is involved in Crime No. 100 of 1992 under Section 308/323, IPC, Police Station Malipur district Faizabad in which besides the petitioner, there are three other accused, namely, Sitaram, Raja Ram and Asha Ram. Sita Ram has not so far been arrested. The prayer made in the petition is that the Sessions Judge, Faizabad may be directed to dispose of his bail application on the same day on which it is filed. A prayer for the quashing of the FIR relating to the aforesaid Crime No. 100 of 1992 has also been made.
(2.) IN Dr. Hidayat Husain Khan v. State of U. P. and others, 1992 Cr LJ 3534 : 1992 JTC 589 (All), it has been held that in exercise of its writ jurisdic tion, the court can issue a direction for considering the bail on the same day in appropriate cases. Learned Standing Counsel has referred to us to the judgment of this Court in Writ Petition No. 36265 of 1992, decided on 21-10-1992 at Allahabad to show that an order that the bail application be considered and disposed of the same day by the Magistrate or the Sessions Judge cannot be passed by this Court. It will be noticed that the Division Bench decision of this Court in Dr. Hidayat Husain Khan v. State of U. P. and others, has been considered by the learned Judges who have agreed with the decision and say that discretion can be exercised by this Court in cases where a direction that the bail applica tion be disposed of the same day is extremely necessary to be issued to avoid hardship In the instant case, the special circumstances pointed out are that the petitioner is a Government servant, who, on being arrested, would be placed under suspension two accused have already been granted bail and that a cross-FIR was lodged by co-accused Rajaram on 14-6-1992 at 9-ioa. m registered as Crime No. IOO-A of 1992 under Section 147/323/504/506, IPC. P. S. Malipur district Faizabad. Copy of the said FIR has been filed as Annexure-2 to the petition. It is also pointed out that the Sessions Judge, Faizabad fixes an application for bail for disposal after 15 days.
(3.) HAVING regard to the facts set out above, this petition is disposed of with the direction that : (i) If the applicant surrenders and applies for bail before the Chief Judicial Magistrate in the early part of the day, his bail applica tion shall be disposed of the same day (ii) In case the hearing or disposal of the bail application is adjourned to some future date, the petitioner shall be releases on his execut ing a personal bond for and till that date and on that date the bail application of the applicant shall ba finally disposed of in the early hours of the day to enable the applicant to apply for bail in the Court of Sessions, in case the bail application is rejected (iii) The learned Sessions Judge shall also endeavour to dispose of bail application of the applicant the same day but in case he adjourns the hearing or disposal of the bail application, he shall release the applicant on similar personal bond until the disposal of the bail application. The courts below shall however be free to decide the bail application on merits. So far as the prayer relating to the quashing of the FIR is concerned, it is refused.;