Bachcha Lal Pasi Vs State Of U.P. & Another

Allahabad High Court (Single Judge)

APPLICATION U/s 482, 16904 of 2015, Judgment Date: Jun 29, 2015

Case :- APPLICATION U/S 482 No. - 16904 of 2015
Applicant :- Bachcha Lal Pasi
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Manish Kumar Dwivedi
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bharat Bhushan,J.
Heard learned counsel for the applicant, learned A.G.A. and
perused the record.
The applicant has filed this application under section 482 Cr.P.C.
seeking direction to the Court below to consider the bail
application of the applicant if possible on same day in Case Crime
No. 190 of 2014, under Sections 147, 336, 332, 353, 504, 506, 379
IPC, P.S. Karari, District Kaushambi.
Learned counsel for the applicant strenuously urged that the court
below be directed to consider and dispose of bail application of the
applicants in view of law laid down in the case of Amrawati and
another Vs. State of U.P. 2004 (57) ALR 290, which has been
affirmed by the Hon'ble Supreme Court in Lal Kamlendra Pratap
Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
Learned A.G.A. repudiates the submission made as above. It is
pointed out that this court cannot exercise its inherent power under
Section 482 of the Code giving direction regarding the manner in
which the bail application of the applicants should be considered
by the court below.
A seven Judges Bench of this Court in Amrawati's Case (Supra)
has dealt with comprehensively with the law in respect to the
prayer for hearing the bail application on the same day which has
been approved by the apex court in Lal Kamlendra Pratap
Singh's Case (Supra).
The law declared by the Hon'ble Supreme Court shall be binding
on all courts. All authorities, civil and judicial in the territory of
the country shall act in aid of the Supreme Court as enshrined
under Articles 141 and 144 of the Constitution of India. Therefore,
no specific direction need be issued to follow the law laid down as
above in Lal Kamlendra Pratap Singh's Case (Supra). The courts
below are supposed to follow the law laid down as above by this
Court in Amrawati's Case (supra) which has been approved by
Hon'ble Supreme Court in Lal Kamlendra Pratap Singh's Case
(Supra) in letter and spirit.
Accordingly, the application is disposed of finally.
Order Dated:- 29.6.2015
RKSaroj