Lower courts are bound to decide bail applications within a specific time frame as per the guidelines laid down by the Supreme Court.

Court No. - 67

Case :- APPLICATION U/S 482 No. - 16400 of 2022

Applicant :- Dhan Singh And 3 Others

Opposite Party :- State Of U.P.And 3 Others

Counsel for Applicant :- Rajeev Kumar Rai

Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicants as well as learned A.G.A. and perused

the record.

By means of the present 482 Cr.P.C. application, the prayer sought by the

applicants is to quash the entire proceeding of complaint case no.106 of 2021

under sections 323, 354, 354B, 392, 504, 506 IPC and Section 7/8 of POCSO

Act, Police station-Nandgram, District-Ghaziabad along with summoning order

dated 31.03.2022 passed by Special Judge(POCSO Act)/Additional Sessions

Judge, Ghaziabad in the aforesaid complaint case.

After arguing the case for quite some time at length and pitted against certain

observations made by the Court, learned counsel for the applicants himself has

given up to address the Court on merits of the case and prayed, that the purpose

of his client would suffice, if a direction may be given to the courts below to

decide their bail application within specific time frame.

Considering the entire facts and circumstances of the case and the arguments

advanced, this Court is of the opinion that since learned counsel for the

applicants has already given up that he does not want to press the case on merit,

in the fitness of circumstances, this 482 Cr.P.C. application stands disposed of

with the direction that the court below would extend the benefit of interim bail

(if the court concerned deems it fit according to the merit of each case) as

contemplated in the law laid down by this Court in the case of Amrawati and

another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement

passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal

Kamlendra Pratap Singh Vs. State of U.P. after the applicants surrender

within 30 days before the court and if their bail applications are filed, the same

shall be adjudicated and decided by the courts below with speaking and

reasoned order, strictly in accordance with law, in the light of the judgment

given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of

India reported in (2017) 5 SCC Page-702, relevant extract of which reads as

under :-

"….......Judicial service as well as legal service are not like any other services. They are

missions for serving the society. The mission is not achieved if the litigant who is waiting in

the queue does not get his turn for a long time"....... "Decision of cases of under-trials in

custody is one of the priority areas. There are obstructions at every level in enforcement of

right of speedy trial; vested interests or unscrupulous elements try to delay the

proceedings"....... "In spite of all odds, determined efforts are required at every level for

success of the mission"..... "The Presiding Officer of a court cannot rest in a state of

helplessness. This is the constitutional responsibility of the State to provide necessary

infrastructure and of the High Courts to monitor the functioning of subordinate courts to

ensure timely disposal of cases."

To satiate speedy disposal of the cases, the courts below are issued following

directions in accordance with the observations made in the case of Hussain and

another (Supra):

(i)Bail applications be disposed of normally within one week :

(ii) Magisterial trials, where accused are in custody, be normally concluded within six months

and sessions trials where accused are in custody be normally concluded within two years.

(iii).......................................................................................................;

(iv)......................................................................................................."

The above timelines may be the touchstone for assessment of judicial

performance in annual confidential reports.

For the period of 30 days fr