UMESHWAR DUBEY Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) Heard on the point whether this bail application will be treated as first or second and whether this application will be heard and decided by this Bench.

(2.) Initially an application under Section 438 of the Cr. P.C. was filed by the petitioner Umeshwar Dubey in this Court which was registered as M.Cr.C. No. 2084/2001 and the same was rejected on 7-9-2001. Thereafter, second application under Section 438 of the Cr. P.C. for grant of anticipatory bail was filed by him which was registered as M.Cr.C. No. 2614/ 2001. On 5-12-2001, this Court granted him ad interim anticipatory bail in the M.Cr. C. No. 2614/2001, and in compliance therewith, he remained on anticipatory bail up to 28-4-2003. On 28-4- 2003, the M.Cr. C. No. 2614/2001 was dismissed by this Court. Against that order of dismissal, he approached Hon'ble the Apex Court. Hon'ble the Apex Court, vide order dated 3-6-2003, directed that, in the event of surrender and filing of application for grant of regular bail by the petitioner, the trial Court shall consider his application as expeditiously as possible.

(3.) Petitioner's contention is that, afterwards, on 2-8-2004, the Police arrested him, and since then he is behind the bar. His bail application for grant of regular bail has been rejected by the trial Court as well as by the Sessions Court, therefore, he has moved the present application under Section 439 of the Cr. P.C. for grant of regular bail.