YOGENDRA KUMAR SINHA Vs. STATE OF C.G.

JUDGEMENT

(1.) Learned counsel for the applicant seeks permission to withdraw this application filed under Section 438 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) for grant of anticipatory bail with liberty to move an application for regular bail under Section 439 of Cr.P.C. before the Additional Sessions Judge, Gariyaband as the offences registered against the applicant/accused are 420, 467, 468, 471 and 120B read with Section 34 of IPC and among these offences, offence under Section 467 is punishable with life imprisonment. Accordingly, the application is dismissed as withdrawn with liberty to the applicant/accused to appear before the Additional Sessions Judge, Gariyaband and move an application for regular bail under Section 439 of Cr.P.C. which shall be decided on merits expeditiously as early as possible, in any case by the next day and the applicant shall personally remain present on the date of filing of the application as well as on the date, the arguments on application are heard. Personal presence of the applicant/accused shall be treated by the Additional Sessions Judge as deemed custody for the purpose of Section 439 of Cr.P.C., in view of the law laid down by Hon'ble the Supreme Court in the case of Niranjan Singh and another Vs. Prabhakar Rajaram Kharote and others, 1980 CrLJ 426.

(2.) It is made clear that till decision of the bail application, personal presence of the applicant before the Additional Sessions Judge, Gariyaband shall be taken as deemed custody.