BALMUKUND DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Apprehending arrest for commission of offences punishable under Sections 294, 506, 323, 452, 392/34 and 342 of the Indian Penal Code (henceforth 'IPC') in connection with Crime No. 185/2013 registered at Police Station Civil Lines, Raipur, present applicants filed their application under Section 438 of the Code of Criminal Procedure (for short 'the Code'), which was eventually transferred to the Court of Second Additional Sessions Judge, Raipur for hearing and disposal in accordance with law.

(2.) During pendency of the application, learned Public Prosecutor relying upon the newly amended provisions brought into statute book in shape of sub-Section (1-B) of Section 438 of the Code, filed an application stating that presence of the petitioners is necessary at the time of final hearing of the application for anticipatory bail, therefore, the 1 personal presence of the applicant be directed in the interest of justice. The said application was opposed by the present petitioners.

(3.) Learned Additional Sessions Judge, Raipur, by its order dated 13.10.2014 allowed the application of prosecution and directed the personal presence of the petitioners at the time of final hearing of the bail petition on 17.10.2014.