MURLIDHAR MAKHIJA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) M.Cr.C. No. 372/2001 was filed by Akhilesh Jindani on 5-2-2001. When the matter carae-up for consideration on 6-2-2001; this Court directed that case diary be requisitioned and as an interim measure this Court further directed that in the event of arrest, the applicant be enlarged on bail on his furnishing a personal bond in the sum of Rs. 20,000.00 with one surety in the like amount to the satisfaction of the arresting officer, subject to the conditions as contained under Section 438(2) Cr.PC. The order dated 6-2-2001 did not give any liberty in favour of the applicant Akhilesh Jindani that during the pendency of the petition before the High Court he shall be entitled to make an application for grant of regular bail. The order was to a limited extent; the order simply said that as an interim measure ad-interim bail was given to him. M.Cr.C. No. 398/2001 was filed by Murlidhar Makhija, Mahcndra Kumar Makhija, Rupesh Makhija and Dharumal on 6-2-2001. On 9-2-2001 when the matter came-up for hearing this Court directed that the matter be listed for hearing along with M.Cr.C. No. 372/2001 (Akhilesh Jindani Vs. State of Chhattisgarh). Being in parity with the earlier order, this Court granted ad-interim bail to the applicants, inter-alia directed that in the event of arrest in connection with Crime No. 295/2000 of Police Station Cfty Kotwali, Bhatapara, the applicants shall be enlarged on bail on their furnishing bail bond of Rs. 20,000.00 each with one surety each of like amount each to the satisfaction o- the arresting officer.

(2.) APPLICANTS of M.Cr.C. No. 398/2001, who had followed M.Cr.C. No. 372/2001, this time after obtaining an ad-interim order, made an application before the Judicial Magistrate, First Class, Baloda Bazar on 13-6-2001 for grant of regular bail. The said Magistrate, First Class, after perusing the interim orders passed by this Court observed that the application submitted by the applicants for grant of anticipatory bail was pending consideration before the High Court, therefore, no orders could be passed regarding their arrest or release. The said Court directed these four applicants to await final order of the High Court and produce the same before the Magistrate. It appears that the applicants were dis-satisfied with the said order of the Magistrate, First Class. On 14-6-2001, the applicants, though were not in custody, made an application under Section 439 Cr.PC before the Special Judge (Atrocities), Raipur, along with the affidavits of Rupesh, Dharumal, Murlidhar and Mahendra Kumar. Each of the deponent clearly stated before the said Court that there was an interim order in their favour and they would get their case dismissed and that their case pending before the High Court would be got dismissed by them. It appears from the office records that on 20-6-2001, an application for withdrawal of bail petition was filed in this Court. In the petition filed under Section 439, Cr.PC, it was contended that in view of the interim order granted by the High Court, the applicants were arrested and were released by the officer arresting them. It was also submitted that the challan had already been filed, therefore, the applicants were filing an application for grant of regular bail. The matter came-up for consideration before the Special Judge (Atrocities), Raipur on 20-6*2001. The learned Judge in Paragraph 2 of its order observed that the applicants of the bail petition No. 158/2001 (before the Lower Court) did get their bail petition dismissed before the High Court. The Court also observed that as in accordance with the interim order the applicants were taken into custody and were later on released and as the challan has already been filed, application under Section 439, Cr.PC could be allowed.

(3.) UNDISPUTEDLY on 20-6-2001, none of the applicants were in custody. Shri P.R. Bhave, learned counsel for the applicant submits that statement of learned Judge as contained in Paragraph 2 of the order that the applicants got their bail petition dismissed was contrary to the records. After interim bail was granted to Akhilesh Jindani, on 21-6-2001, he also made an application under Section 439, Cr.PC. In his affidavit dated 21-6-2001 Akhilesh Jindani submitted that he had instructed his counsel for preparation of an application and he is making an application on the date of the affidavit before the High Court for withdrawal of the bail petition. In Paragraph 2 he made a further submission that his application be heard on merits and he would be withdrawing his bail petition pending before the High Court. On 28-6-2001, the learned Presiding Officer Atrocities Court, Raipur, recorded that the applicant Akhilcsh Jindani had withdrawn his bail petition which was pending before the High Court. Following the earlier order already passed by it, granted this application also.