NANKU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard arguments advanced by both the parties.

(2.) The accused/applicant has preferred this bail application under Section 438 of the Cr.PC, for releasing him on anticipatory bail, apprehending arrest in Crime No. 4/2004 registered at Police Station, Ramchandrapur, Dist. Surguja (CG) for commission of offence punishable under Section 420/34 of the IPC.

(3.) In pursuance of directions contained in the order passed under Section 438 of the Cr.PC, granting anticipatory bail for three months or till filing of challan whichever is earlier, the applicant applied for grant of regular bail in the Court of Chief Judicial Magistrate, Ambikapur but vide order dated 7-6-2004 that application has been rejected with a direction that the applicant is on anticipatory bail up to 11-6-2004, therefore, if by that time he obtains order for releasing him on bail from any Competent Court of jurisdiction, he be released, else he be sent to jail alongwith the remand warrant. Thereafter applicant instead of filing application for grant of regular bail before Sessions Court under Section 439 of the Cr.PC, again applied for grant of anticipatory bail under Section 438 of the Cr.PC and the same has been dismissed vide order dated 8-9-2004 by the Additional Sessions Judge, Ramanujganj.