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M.KATJU, S.K.SINGH, SUNIL AMBWANI, K.K.MISRA, POONAM SRIVASTAVA, RAVINDRA, IMTIYAZ MURTAZA
Amarawati – Appellant
Versus
State of Uttar Pradesh – Respondent


Counsel for the parties :
For the Applicants :Sri V.P. Srivastava Pt. Sri S.P.S. Raghav, Sri P.N. Misra, Sri Satish Trivedi, Sri Viresh Mishra, Sri R.K. Ojha and Sri D.S. Mishra, Advocates.
For the Opp. party : A.G.A.
--------------------------------------------------------------------------------

ORDER

Imtiyaz Murtaza, J. — This Full Bench is constituted to consider the following questions:

1. Whether the arrest of an accused is a must if cogni-zable offence is disclosed in

the F.I.R. or in a criminal complaint;

2. Whether the High Court can direct the subordinate Courts to decide the Bail Application on the same day it is filed; and

3. Whether the case Dr. Vinod Narain v. State of U.P.1 Writ Petition No. 3643 of 1992 has been correctly decided by the five Judge Full Bench of this court.

2. In the case of Dr. Vinod Narain (Writ Petition No. 3643 of 1992) it was held: “For the reasons recorded separately this Full Bench unanimously holds that in exercise of power under Article 226 of the Constitution, while issuing direction and command to the Magistrate or the Court of Sessions as the case may be, to consider the bail application time schedule for concluding the bail proceedings cannot be fixed. Consequently, the decision rendered in Dr. Hidayat Hussain Khan v. State of U.P.2 is overruled and the decision rendered in Noor Mohd. v. State of U.P. and others3 is upheld,”

3. In the same judgment Hon’ble Palok Basu, J. observed (in paragraph 183):

“Once disclosure of c

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