HARE RAM SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two bail applications under Section 438 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') have been filed by the applicants directly before the High Court without availing the remedy before the Sessions Court. On 21st August, 2020 when these two bail applications were listed separately, this Court posted the same for hearing on maintainability.

(2.) On 16th September, 2020 learned counsel appearing for the applicants placed reliance on an order passed by another Single Bench of this Court in Ratnesh Singh Chouhan v State of Chhattisgarh, MCRCA No.918 of 2019 [decided on 23-7-2019] to argue that anticipatory bail applications can be filed directly before the High Court. However, finding that, the Single Bench in Ratnesh Singh Chouhan (supra) has not specifically dealt with the issue as to whether in each and every case, an application under Section 438 of the Cr.P.C. filed directly before the High Court would be maintainable or such application can be entertained only in rare or exceptional cases, therefore, to settle the issue the matter was referred to be decided by a larger Bench. Subsequently, these bail applications have been placed before us.

(3.) Applicant in MCRCA No.234 of 2020 (Hare Ram Sharma) apprehends his arrest in connection with crime No.27/2016 registered by the police of State Economical Offence/Anti Corruption Bureau, Raipur (EOW/ACB, Raipur), for offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention Corruption Act, 1988 (for short 'the PC Act') whereas the applicant in MCRCA No.362 of 2020 (T.R. Kunjam) apprehends his arrest in connection with crime No.5/2016 registered by the police of Anti Corruption Bureau, District Raipur, for offence punishable under Section 13(1)(e) and 13(2) of the PC Act.