- (1.) HEARD.
(2.) THIS is an application by Smt. Mamta Singh for issuing a direc tion to the courts below to dispose of her bail application as expeditiously as possible. The applicant has so far not surrendered before the court. The main ground taken in the application is that the applicant is woman and is at present carrying a seven months child so her bail application requires expeditious disposal. Proviso to Section 439, Cr. PC gives ample powers to the Session Judge to hear and decide the bail applications on the same day as he can dispense with the service of notice on the Public Prosecutor for reasons to be recorded in writing. Such a power is of course is to be exercised in appropriate and fit cases only. There may be cases where delay in the dis posal of bail applications may result in extreme hardship and injustice to the accused and it is for this reason that the Legislature has in its wisdom made a provision in the shape of proviso aforesaid. Whether a parti cular case requires expeditious disposal is a matter to be considered by the Sessions Judge himself after taking all the facts and circumstances of the case into consideration. Therefore, it would not be just and proper for this court to usurp the discretion of the Session Judge in this regard. Law itself requires that the bail applications should be disposed of at the earliest of course depending upon the number of applications already pending on the file of the Session Judge. A woman who also is in advanced stage of pregnancy certainly deserves a preferential treatment and her application for bail should be given priority.
(3.) THE applicant may, therefore, approach the courts below for expeditious disposal of her bail application and it is not necessary for this court to issue any specific direction in this respect. With these observations this application is finally disposed of at the admission stage.;