- (1.) HEARD Sri Ashwini Kumar Awasthi Advocate, appearing for the applicant and learned AGA for the State on the application dated 09. 09. 2008, which has been moved to grant some short time to enable the applicant to appear/surrender in the court concerned and apply for bail in compliance of the order dated 01. 08. 2008.
(2.) FROM the record, it is revealed that an application under section 482 Cr. P. C. was moved in Crl. Misc. Application No. 19993 of 2008 on behalf of the accused Rajesh Mishra @ Pappu, in which it was prayed that the courts below be directed to decide the bail application of the applicant-accused expeditiously on the same day in case crime No. 460 of 2008, under sections 307, 504 IPC, P. S. Cantt, District Bareilly. Application under section 482 Cr. P. C. was decided on 01. 08. 2008 with a direction to the courts below to hear and dispose of the bail application of the applicant in aforesaid case in accordance with the law laid down by the Seven Judges' Bench of this Court in the case of Smt. Amrawati and another vs. State of U. P. 2004 (50) ACC 742. By the same order three weeks' time was granted for the applicant to surrender in the court concerned, but he did not surrender in the court below within that period. Now the applicant has made prayer to grant some more time to appear in the court below and apply for bail in compliance of the order dated 01. 08. 2008.
(3.) IN my opinion, there is no need to grant any further time for the applicant to surrender in the court below, because there is no legal bar for the applicant to surrender in Case Crime No. 460 of P. S. Cantt, District Bareilly, if he is wanted in that case. Any person, who is wanted in any criminal case, can surrender in the court concerned by moving application for this purpose at any time and if he is taken into custody by the court, then he has right to move the application for bail and if any bail application is moved, then the court concerned is bound to decide that bail application in accordance with law. Therefore, prayer made in the application dated 09. 09. 2008 is redundant.;