Back
1991 Supreme(All) 171
HIGH COURT OF ALLAHABAD
A.P.Misra, R.R.K.Trivedi
NIHAL SINGH
Versus
STATE OF U P
Decided On : 08 February 1991
Writ Petition No. Nil of 1991
S.D.PATHAK,
The court has the discretion to direct the petitioner to apply for bail before the Magistrate/sessions Judge concerned and ensure prompt consideration of the bail application.
Headnote:
FIR - Bail Application - The court did not quash the FIR but directed the petitioner to apply for bail before the Magistrate/sessions Judge concerned, with the instruction to dispose of the bail application on the same day or release the petitioner on executing personal bonds.
Fact of the Case:
The court found it unfit to quash the FIR or withhold the investigation, but directed the petitioner to apply for bail before the Magistrate/sessions Judge concerned.
Finding of the Court:
The court directed the petitioner to seek bail before the Magistrate/sessions Judge concerned and instructed the authority to dispose of the bail application on the same day or release the petitioner on executing personal bonds.
Issues: The issue was whether to quash the FIR or withhold the investigation, and the directive for the petitioner to apply for bail before the Magistrate/sessions Judge concerned.
Ratio Decidendi: The court decided not to quash the FIR but provided a directive for the petitioner to seek bail before the Magistrate/sessions Judge concerned, ensuring prompt consideration of the bail application.
Final Decision: The writ petition was finally disposed of with the directive for the petitioner to apply for bail before the Magistrate/sessions Judge concerned, with instructions for prompt consideration of the bail application.
2. However, we feel it a fit case on the facts and circumstances of the case that in case petitioner moves the bail application before the Magistrate/sessions Judge concerned, the said authority would dispose of the bail applica tion on the same day. In case, if for some reasons the bail application is not disposed of the same day the petitioner shall be released on his executing the personal bonds to the satisfaction of the Magistrate/sessions Judge concerned till the next date fixed in this case in Case Crime No. 6/91 under Sections 395/397, IPC, P. S. Uttar Firozabad, District Firozabad. With this observation this writ petition is finally disposed of.
.
