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1995 Supreme(All) 147

B.M.LAL, G.S.N.TRIPATHI, KUNDAN SINGH, ALOK KUMAR BASU, V.N.MEHROTRA
VINOD NARAIN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Tapan Ghosh

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The High Court, exercising its powers under Article 226 of the Constitution, cannot fix a specific time schedule for concluding bail proceedings. Directions to consider bail applications on the same day or to release an accused on interim bail if proceedings are not concluded on the same day are not permissible (!) .

  2. While the Court can issue directions to expedite the consideration of bail applications, it cannot impose a mandatory time frame for disposal. The decision on bail must be made in accordance with law, considering the facts and circumstances of each case (!) .

  3. The Court's role is to ensure that the rights of personal liberty are protected, but this does not extend to interfering with the judicial discretion vested in Magistrates or Courts of Sessions regarding bail. The exercise of such discretion must be left to the judicial authorities, respecting their constitutional and statutory powers (!) (!) .

  4. The fundamental rights under Articles 21 and 22 of the Constitution, which guarantee life, personal liberty, and the right to legal counsel, support the principle that bail applications should be decided expeditiously. However, these rights do not authorize the Court to set rigid deadlines or to direct the immediate consideration of bail on the day of surrender or arrest (!) (!) .

  5. The provisions of the Criminal Procedure Code, especially those relating to arrest, investigation, and bail, are designed to balance individual liberty with societal interests. The law emphasizes that arrest and detention should be based on reasonable grounds, and the process involving bail should be conducted fairly and lawfully, respecting procedural safeguards (!) (!) .

  6. The Court recognizes that in serious or heinous cases, considerations of public safety and the need for thorough investigation may justify delays in deciding bail applications. Therefore, the Court should not interfere to mandate same-day disposal of bail applications in all cases (!) .

  7. The exercise of judicial discretion must be guided by the principles of fairness, lawfulness, and respect for constitutional rights. The Court should avoid issuing directives that could undermine the independence of judicial authorities or lead to arbitrary decisions (!) .

  8. The Court emphasizes that procedural provisions and constitutional rights together form a framework that ensures justice is administered fairly without unnecessary infringement on personal liberty. Any directions for immediate bail consideration must be consistent with this framework and should not amount to judicial overreach (!) .

In conclusion, while the Court aims to uphold the constitutional rights of individuals and promote the speedy disposal of bail applications, it must do so within the confines of legal procedures and the statutory powers vested in judicial authorities. Fixed time schedules or mandatory directions for same-day bail decisions are not supported by law, and discretion must be exercised judiciously and independently by the courts concerned.


( 1 ) FOR the reasons recorded separately this Full Bench unanimously holds that in exercise of powers 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 bail proceedings cannot be fixed. Consequently, decision rendered in Dr. Hidavat Hussain Khan v. State of U. P. , (1992 Crl. LJ 3534) is overruled and the decision rendered in Writ Petition No. 919 of 1992, Noor Mohammad v. State of U. P. and others is upheld.

( 2 ) ACCORDINGLY, all the three writ petitions are disposed of with the direction that if the petitioners are arrested and brought before the competent Court or voluntarily surrender before the competent Court, and apply for bail, their bail applications will be decided by the competent Court as expediously as possible in accordance with law. 2a. B. M. Lal, J. Following question is to be answered by this Full Bench : "whether while rejecting the writ petition filed for quashing First Information Report, this Court in exercise of its powers under Article 226 of the Constitution of India can issue a writ, order or direction in t



































































































































































































































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