Tinku Singh vs State Of U.P. And Another
2012 Latest Caselaw 2483 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- APPLICATION U/S 482 No. - 20283 of 2012
 

 
Petitioner :- Tinku Singh
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Shiv Shankar Singh
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Arvind Kumar Tripathi (II),J.

Heard learned counsel for the parties and perused the record.

The present application under Section 482, Cr.P.C. has been filed with a prayer to decide the bail application of the applicant on same day in Case Crime No.  91 of 2012, under Sections 436, 504, IPC, Police Station Karchhana, District Allahabad.

As per fourth Proviso of Section 437 (1) Cr.P.C. no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.

In view of this Proviso and also considering the punishment involved, it is hereby directed that if the applicants appear and surrender before the court below and move bail application within four weeks from today, then the same shall be considered and disposed of expeditiously if possible on same day in the light of law laid down by Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 390, Sheoraj Singh @ Chuttan reported in 2009 (65) ACC 781 and by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others 2009(2) Crime 4 SC.

Till then, no coercive action will be taken.

With the above direction, the present application is finally disposed off.

Order Date :- 7.6.2012

Akv