JUDGEMENT
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(1.) Heard Sri Meraj Ahmad Khan learned counsel for the applicants, Sri Dharmendra Singhal, Sri Brijesh Sahai and Sri Daya Shankar Mishra learned counsel for the Bar and the learned A.G.A. for the State respondent.
(2.) The applicants, through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer that their bail application in Case Crime No. 299 of 2013, under Sections 147, 148, 149, 307, 504, 323, 324 I.P.C., Police Station Asmoli, District Sambhal, be ordered to be considered expeditiously, if possible on the same day by the Courts below.
(3.) When the matter was taken up before this Court on 01.7.2014 following order was passed:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants, through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer that their bail application in Case Crime No. 299 of 2013, under Sections 147, 148, 149, 307, 504, 323, 324 I.P.C., Police Station Asmoli, District Sambhal, be ordered to be considered expeditiously, if possible on the same day by the Court below.
Another Bench of this Court, vide order dated 16.06.2014 passed in Criminal Misc. (482) Application No. 21567 of 2014 had rendered a detailed Judgement and order wherein similar prayer was sought which was dismissed with costs on the ground of maintainability of such petition, primary on the ground, that the scope of Section 482 Cr.P.C. does not permit filing of such petition for consideration of bail application on the same day.
When the present 482 Cr.P.C. was taken today for arguments, Sri A.B.L. Gour, Senior Advocate made a mention on behalf of the members of the Bar that the matter may be deferred for today and may be taken up tomorrow, as the Judgement aforesaid passed in 482 application no. 21567 of 2014 is to be considered, thereafter arguments will be advanced regarding maintainability of such petitions. He further states that he needs 24 hours time for preparing the same. Similar request has been made by most of the members of the Bar that the matter may be deferred for today and may be taken up tomorrow.
In view of above, prayer made by members of the Bar, let the matter be posted for tomorrow.
Accordingly, put up this case along with other fresh cases tomorrow i.e. on 02.07.2014.";
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