RAM PRASAD TIWARI Vs. STATE OF C.G.

JUDGEMENT

(1.) The applicant has preferred this bail application under Section 438 of the Cr.P.C. for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 103 of 2014, registered in Police Station Marwahi, District Bilaspur (CG) for offence punishable under Section 304A of the Indian Penal Code.

(2.) The case of the prosecution, in brief, is that the applicant was arrested for commission of offence punishable under Section 304A of the Indian Penal Code on 14-10-2014 and was granted regular bail on the same day by the trial Court. Later on, on 27-10-2014 the trial Court came to conclusion that offence committed by the accused would fall under Section 304 (ii) of the Indian Penal Code and took the accused in custody, but pending committal proceeding discharged the accused from custody retaining constructive control over him and invited explanation from the Investigating Officer and fixed the case for committal on 13-11-2014.

(3.) Now, the question remains for consideration is whether the application for anticipatory bail is maintainable.