What is Same-day Order?|(order attached)

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What is Same-day Order?|(order attached)

March 23, 2018 Uncategorized 1

Section 482

This section gives the inherent power to High Court to give appropriate directions to the lower court.

In the present case, the applicant demanded the quashing of FIR which is refused by High Court, though High court given the applicant the period 45 days to surrender before the Aligarh court and till the period 45 days no coersive action will be taken against the applicant. (It means kind of stay order 45 days is given to the applicant)

Court also state stated that the bail prayer of the applicant will be heard according to cases:

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

2. Judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ
322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P

In the two above cases it was held by hon’ble court that bail prayer of the applicant shall be heard on the priority basis, i.e., bail prayer will be heard by lower court as well as session court on the same day. Now let us now understand it better:

What is Same-day bail order?

Same-day bail order application is filed before High court under section 482 of CrPC.

When applicant demands for the quashing of FIR or otherwise (not necessary that applicant files for quashing of FIR u/s 482, he can file application for other relief as well) before hon’ble court u/s 482 CrPC, but High Court mostly 90% times refuse to quash the FIR on the basis of prima facie evidence exist at this stage, but court mostly grants some relief like stay till next hearing or as given in this order (read order below) can give relief to the applicant in the form of time period to surrender before appropriate lower court within such period (in this case 45 days).

Under this same-day bail order, bail application is rejected from the lower court within session court (ex- CJM Court) as it does not have jurisdiction to try offences which trialable by session court or ADJ and then on the same day bail application prayer is transferred to the Session court or ADJ and than interim bail application is heard by the Court. Than, Court puts the next hearing date for the granting or rejecting of final bail.

If final bail (not interim bail) is rejected by session court, than accused has right to apply for Bail before hon’ble high court.

What happens if accused does not have same-day bail order?

In such a case, firstly bail application is rejected from the lower court (ex CJM court) and than next date for hearing is put before session judge or ADJ and till that time accused is put in the judicial custody and if interim bail is also rejected than judicial custody extends till final bail order and if that is also rejected than he is under judicial justody till he is granted bail by high court.

Note:“Be patient to understand this concept as it will not get in your head by reading once, try to read it 2 or more times for better understanding”

READ THE ORDER GIVEN BY ALLAHBAD HIGH COURT:-

What is Same-day Order?|(order attached) 7

What is Same-day Order?|(order attached) 8

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