# brought for such attendance

- **Citation:** C.L.No. 53/2000
- **Court:** Allahabad High Court
- **Decided:** 2000-12-06
- **Case number:** C.L.No. 53/2000
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/brought-for-such-attendance-163319
- **Pages:** 2

## Text

226
attendance, has to be conveyed back to the prison from where he has been
brought for such attendance.
6.
What S.354 (1) (d) of the Cr. P .C. means by the requirement of the judgment
containing a direction that the accused be set at liberty, is liberty with reference to
the case in which acquittal is recorded and not with reference to any other
confinement or custody.
(i)
Order sheet of the cases to reflect the dates of the remand of the accused on
jail custody (under section 309 Cr.P.C.)
C.L.No. 53/2000 Dated, December 6, 2000
Hon'ble court in Habeas Corpus writ petition No. 236 of 1992, connected with
Habeas Corpus writ petition Nos.237, 238 239 of 1992, 33 of 1993 and 8711 of 1989
(copy enclosed) deprecated about the non-maintenance of the order sheet as well as the
record of the case as per the instructions issued by the court time to time in this regard.
From the record at occasions it was noticed that there was no reference as to how long
the under trial had suffered incarceration and continued to be remanded in judicial
custody.
I am, therefore, to request you to kindly ensure the compliance of Hon'ble court's
directions contained in the aforesaid writ petition
2.
BAIL
(i)
Entertainment and disposal of bail application etc.
C.L. No. 24/VII-b-47 dated 25th February, 1976
All miscellaneous application both civil and criminal shall ordinarily be taken up
by the courts and disposed of between 10.30 and 11.30 a.m. and copies of the orders
passed be delivered to the parties latest within 24 hours. Bail applications in pending
cases, whether pending in courts or under investigation, shall also be taken up by
Sessions Judges ordinarily between 10.30 and 11.30 a.m. The copies of the bail orders
must invariably be dispatched to the courts of Magistrates latest by 2 p.m., and no bail
application should ordinarily be entertained by them beyond 11.30 a.m. In appellate
jurisdiction and in cases of bailable offences bail applications may be entertained even
after the lunch break or at any time convenient to the court and copies delivered with
greatest possible dispatch. The Chief Judicial Magistrates and Magistrates shall continue
to abide by the directions contained in C.L. No. 78, dated 21st may, 1971.
C.L. No. 93/VIIb-47 dated 22nd July, 1975

Regarding entertainment and disposal of bail applications and verification of
surety bonds in connection with such applications, the following instructions are
prescribed:-
1.
Bail applications may be disposed of after giving an opportunity to the parties
for arguments in case they are present.
2.
In case any Public Prosecutor does not submit his report or appear personally
to oppose the bail application, the Magistrates, unless for reasons to be
recorded he grants time, shall dispose of the applications.
227
C.L. No. 134/VIIb-15 dated 29th November, 1978

The Presiding Officers should invariably return the case diaries to the Police after
being made use of by the courts, and the case diaries should not be made part of the
judicial record.
C.L. No. 54/VIIC-25 dated 31st August, 1984

It invites attention of all the Sessions Judges to Sections 6, 7 and 8 of the U.P.
Dacoity Affected Areas Act, 1983, and directs that henceforth, no bail should be granted
by the Sessions Judges in cases covered by the said Act, except when the office of
Special Judge is vacant or the Special Judge is absent or is unable to act.
C.L. No. 78/VIIb/47 dated 21st May, 1971 and
C.L. No. 91/VII-b-47 dated 10th June, 1974

In order to bring uniformity in the matter of grant of bail, the following
instruction read with the instruction contained in C.L. NO. 14/VII b-47, dated September
15, 1951 should be followed:-
Bailable offences
As far as possible, bail applications should be entertained after notice to District
Government Counsel (Criminal)/Public Prosecutor, but in special circumstances, notice
can be dispensed with. While passing bail order, only the specific offence with sections
and the Act must be given.
Non-bailable offences
Magistrates

Applications required to be disposed of the same day, should be moved by 11
a.m., or 12 noon. Such applications should be handed over to the Public Prosecutor to
enable him to oppose, if necessary, and taken up the same day at 2 p.m. Adjournment of
the hearing should be refused if found to be on insufficient grounds. Twenty-four hours'
time can be granted when the Public Prosecutor genuinely requires the same for
obtaining instructions from the Police Station.
Sessions Judges

Sessions Judges should give a reasonable notice to the District government
Counsel (Criminal) before passing orders on bail applications, keeping in mind the
number of days required for obtaining instructions from the Police Station. Where it
becomes necessary for the State to file affidavit during the course of hearing, further time
can be given.
C.L. No. 194/VIIb-47 dated 8th December, 1976

All the District & Sessions Judges should henceforth ensure that a party applying
for bail in the sessions court, shall annex to his application for bail a copy of the order, if
any, passed by the Magistrate in the same matter.