# (See for Judgment AIR SC 2429)

- **Citation:** C.L.No. 11/VIIIb-287/Admin
- **Court:** Allahabad High Court
- **Decided:** 1997-03-17
- **Case number:** C.L.No. 11/VIIIb-287/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/see-for-judgment-air-sc-2429-163630
- **Pages:** 2

## Text

358
(See for Judgment AIR SC 2429)
(iv)
Compliance of the direction of the Supreme Court issued in writ petition
(Civil) No. 1128 of 1986 - Common Cuse v. Union of India and others-J.T. 1996(4)
S.C. 701
C.L.No. 11/VIIIb-287/Admin (G)/Dated: Alld: March 17, 1997
In continuation of the court's C.L.No.31/VIIIb-287 Dated 12.6.1996 and
C.L.No.43/VIIIb-287 dated 6.8.1996, I am directed to intimate you that the directions
made in the abovementioned orders of the Supreme Court has been modified by the
Hon'ble Supreme Court vide order dated 28.11.1996, the copy of the modified order is
enclosed herewith for strict compliance.
 I am, therefore, to request you that the directions contained in the modified
order be communicated to all the criminal courts of your judgeship, for strict compliance.
(See for Judgment 1996 6 S.C. C. 775)
(v)
Compliance of the direction of Hon'ble Supreme Court contained in
Judgment rendered in Criminal Appeal No.1045/98, Raj Deo Sharma Vs. the
state of Bihar.
C.L.No.61/dated; Allahabad: 17th November, 1998

The Hon'ble Supreme Court while deciding the aforesaid Criminal Appeal has
issued direction to be followed by the Criminal Courts particularly sessions courts and
special courts of India.
By enclosing the copy of the judgment, I am directed to communicate you that the
directions contained in the said judgment be brought to the notice of all the criminal
courts for strict compliance.
(See for Judgment: 1999 (39) A.C.Cr. 665)
(vi)
Citing of the ruling of Hon'ble Supreme Court and High Court.
C.L.No.18/Dated: Allahabad: 19/8/1999.

 It has come to the notice of the court that the decisions/rulings cited at the bar in
the cases before the subordinate to courts are not referred in the Judgments/orders given
by the Judicial officers, subordinate to the High Court. The court has taken a serious
stock of this situation. Under Rule 6 of General Rules (Civil), it is obligatory on the part
of the Judicial Officers to follow the ruling of the High Court and of Apex Court. This
alone is not sufficient for them to extract a sentence here and there from the Judgment
referred at Bar and to build upon it. Enunciation of the reasons or the principal on which
a question before the court is to be decided, must also bear the reference of the cases cited
for and against by the parties on the subject and should not only refer facts but also refer
the law cited on the point in issue from the side of the Bar.
 I am, therefore directed to communicate you that the Laws laid down by the High
Court and the Apex Court and referred by the Advocates should be followed and their
reference should be made in the judgments.
359
 This fact may be brought to the notice of all the Judicial Officers subordinate to
High Court for strict compliance.
(vii)
Compliance of the directions of Hon'ble Supreme Court contained in
judgment- Criminal Miscellaneous petition no.2326/99 in criminal appeal
No.1045/98 Raj Deo Sharma vs. state of Bihar.
C.L.No.8/VIIb-18: Dated: Allahabad: February 7, 2000.
The Hon'ble Supreme Court while deciding the aforesaid criminal miscellaneous
petition No.2326/99 in criminal Appeal No.1045/98- Raj Deo Sharma vs. State of Bihar
has issued certain directions to be followed by the trial Judges. The Hon'ble Supreme
court has also desired to circulate the judgment to all the trial Judges so that may comply
with the provisions of Section 309 of the code in the letter and spirit.
I am, therefore, directed to send herewith a copy of the judgment, aforesaid and to
request you kindly to circulate the same to all the trial judges for strict compliance of the
directions as contained therein.
C.L.No.25: VIIIg-38: Dated 16 June, 2000
Hon'ble supreme Court of India on May 1, 1986 in Writ Petition No 1128/86
(Common Cause vs. Union of India and others) gave the following directions for the
release of under trial languishing in jail.
1.
Where the offences under IPC or any other law for the time being in force for
which the accused are charged before any criminal court are punishable with
imprisonment not exceeding three years with or without fine and if trial for such offences
are pending for one year or more and the accused concerned have not been released on
bail but are in jail for a period of six months or more. The criminal court concerned shall
release the accused on bail or on personal bond to be executed by the accused and subject
to such condition if any as may be found necessary. In the light of section 437 of the
Criminal Procedure Code. (Cr.P.C.).
2.
Where the offences under IPC or any other law for the time being in force for
which the accused are charged before any criminal court are punishable with
imprisonment not offences are pending for two years or exceeding five years with or
without fine and if the trial for such more and the accused concerned have not been
released on bail but are in jail for a period of six months of more the criminal court
concerned shall release the accused upon bail or on personal bond to be executed by the
accused and subject to the imposing of suitable conditions if any in the light of section
437 (CrP.C.).
3.
When the offences under IPC or any other law for the time being in force for
which the accused are charged before any criminal court are punishable with seven years
or less with or without fine and if the trials for such offences are pending for two years
or more and the accused concerned have not been released on bail but are in jail for a
period of six months or more the criminal court concerned shall release the accused on
bail or on personal bond to be executed by the accused and subject to the imposing of
suitable conditions if any in the light of section 437 (CrP.C.).