- (1.) GIRIDBAR Malaviya and U. K. Varma, JJ. Having heard the learned counsel for the petitioner, we are not satisfied that any case for interference in the matter of investigation has been made out in this petition under Article 226 of the Constitution as it cannot be said that the F. I. R. does not disclose the commission of any offence. This petition is accordingly dismissed.
(2.) HOWEVER, in para 19 of the petition it has been mentioned that in Aligarh district, the bail applications are usually taken up not before the expiry of fifteen to twenty days after their submission and as such the petitioner appre hends that once he surrenders, he may have to languish in jail upto a month even though the court may find, at the time of hearing, that he had a clear case for bail. The above allegations sound incredible but as they are being repeatedly made and in respect of other districts too, it is being considered appropriate by us to issue instructions for the guidance of all the subordinate criminal courts. When a person seeks bail, his appeal is for liberty. Personal liberty has been put at the highest pedestal its our Constitution, The courts, therefore, as in the case of a habeas corpus petition, have to give bail applications a priority for their immediate disposal. Consequently, whenever a person makes an application for bail before the Magistrate, he should not take longer time to consider his application for bail, than what is unnecessary to serve the notice and procure the connected papers with a sense of urgency which in good many cases ought to be possible on the same day. If the Magistrate, however, feels that the person cannot be granted bail by him, either on account of his having no jurisdiction or for any other good reason, he should not unnecessarily delay the order and arrange that the copy of his order is provided to the accused promptly so that he is in a position to move the Sessions Court, if he so chooses, on the same day. The Sessions Judge too should not take longer to dispose of the bail application, than what is necessary in effecting service and procuring the. relevant documents. This should be done in respect of all applications presented in his Court. Any practice for fixing another date is normally not proper.
(3.) SOMETIMES, however, difficulty may be felt in deciding the bail applica tion on the same day as directed by this Court as the prosecuting agency may not be able to obtain instructions in the bail matter. The Magistrate or the Sessions Judge be able to obtain instruction in the bail matter. The Magistrate or the Sessions Judge in suitable in suitable cases may, therefore, allow the shortest time to the Public Prosecutor or the Assistant Public Prosecutor, as the circumstances of the case warrant depending upon distance etc. from where the information is to be procur ed. He, in that case, barring very exceptional matter, should release the person surrendering on his executing a personal bond for his appearance on the date which he fixes for the final disposal of the bail application. Alter the person has been taken into custody on the date so fixed, the bail application should be decided by the Court concerned without any undue delay. 6 We have also been informed that sometimes people take undue advantage of the order of this Court for disposal of the bail application by the subordinate court on the same day by presenting the application for bail in the latter part of the working day there, and asking the court concerned to dispose it off on the same day, as directed by the High Court It is made clear that unless such bail applications are moved in the first hour of the working day, the Magistrate and the Sessions Judge would not be obliged to decide them on the same day. 7. In view of our observations made above, it is directed that if any bail application is moved by the petitioner, the same should be disposed of in accordance with the above-mentioned directions. 8. Let a copy of this order be furnished to the learned counsel for the petitioner on payment of usual charges by 21st October, 1989. Order accordingly. .;