Law which has been settled for consideration of bail application expeditiously shall be complied with strictly in letter and spirit

Brahm Singh & 2 Others vs State Of U.P. & 2 Others

Allahabad HC

08/07/2016

CRIMINAL MISC. WRIT PETITION No. 15609 of 2016

About/from the judgment:

It is very surprising and painful to note that in spite of issuance of two circulars in compliance of this Court’s order, petitions are regularly coming before this Court and written or oral prayer is being made seeking direction for consideration of bail in the light of 7 Judges’ Bench decision in the case of Amrawati and another Versus State of U.P.(supra) as well as by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh versus State of U.P. (supra). Such petitions have become regular feature and has flooded High Court in its various criminal jurisdictions, filing of such petitions has to be discouraged as the law has already been settled in 7 Judges’ Bench decision in the case of Amrawati and another Versus State of U.P.(supra) as also approved by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh versus State of U.P. (supra), hence no separate order is required to be passed in each and every case for a direction of this Court. Decisions of the Full Bench of this Court as well as of Hon’ble Apex Court are binding upon courts below which have to be followed by them in letter and spirit and this Court cannot allow such petitions and prayer made therein on behalf of accused who can approach this Court and deny such benefit of said order to the accused who could not approach this Court. Therefore, time has come that this Court in order to discourage such types of petitions for a direction of bail in the light of 7 Judges’ Bench decision in the case of Amrawati and another Versus State of U.P.(supra) as also approved by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh versus State of U.P. (supra) must pass appropriate direction/order in the matter so that precious time of this Court is not wasted in passing of innocuous orders in each and every case. Hence we are of the opinion that law which has been settled for consideration of bail application expeditiously by 7 Judges’ Bench decision in the case of Amrawati and another Versus State of U.P.(supra) as also approved by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh versus State of U.P. (supra) shall be complied with strictly in letter and spirit by the subordinate courts all over the State irrespective of fact that accused has obtained such orders from this Court or not and decide the same as soon as the same is filed before it in accordance with law as has been laid down in 7 Judges’ Bench decision in the case of Amrawati and another Versus State of U.P.(supra) as also approved by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh versus State of U.P. (supra), failing which adverse inference would be drawn and necessary action may be taken against erring officers of Subordinate Courts.

 

The Sessions Judges in the State of Uttar Pradesh are also directed to ensure that aforesaid guidelines which are binding on the courts below are followed in letter and spirit, failing which adverse inference would be drawn against erring officers and this Court would be compelled to take appropriate action against them, if any noncompliance is found in this regard.

 

Moreover, there is no rule of law that a judgement of the Apex Court and this Court, if not strictly complied by the courts below, a petition or an application may be entertained by this Court and order be passed for getting the same complied with.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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