ABDUL KADAR KHAIRANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the second application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No. 63/2006 registered at Police Station - Sahaspur Lohara, District - Kabirdham (Chhattisgarh) for the offence punishable under Section 498-A read will Section 34 of the IPC.

(2.) The earlier bail application was heard and allowed by this Court by a common older dated 16.6.2006 passed in M.Cr.C. No. 1295/2006 (Abdul Kadar Khairani and two others vs. State of Chhattisgarh) and M.Cr.C. No. 1323/2006 (Smt Nishant Meman vs. State of Chhattisgarh). By the said order, it was directed that in the event of arrest of these applicants, they shall be released on bail on each of them furnishing a personal bond in sum of Rs. 10.000/- with one surety each in like amount to the satisfaction of the officer arresting them. It was also directed that the said order shall remain in force for a period of 45 days from the said date, during which, the applicants may apply for regular bail before the concerned Court.

(3.) Learned counsel for the applicants submits that after the aforesaid protective umbrella opened in favour of the applicants, the applicants applied before the Chief Judicial Magistrate for grant of regular bail under Section 437 Cr. P.C., but their application was dismissed on merits vide order dated 27/G/ 2006 (Annexure A-2). Thereafter, hey filed another application under Section 439 of the Code of Criminal Procedure before the Sessions Court, which was also dismissed vide order dated 30.6.2006 (Annexure A-3). After rejection of the aforesaid application by the Sessions Court, the applicants filed an application under Section 439 of the Code of Criminal Procedure before the High Court vide M. Cr. C. No. 2059/2006. This miscellaneous application came up for hearing on 10/8/2006, but the same was withdrawn with a liberty to file afresh after all the applicants surrender themselves to custody in accordance with law (Annexure A-4). He further submits that since the period of protective umbrella had expired on the date of hearing before tie High Court i.e. on 10.8.2006, the said application was withdrawn with the aforesaid liberty, but instead of surrendering before the appropriate Court, the applicants have again moved before this Court under Section 438 of the Code of Criminal Procedure. His submission is that their , apprehension still remains; therefore, a fresh order under Section 438 of the Code of Criminal Procedure may be passed after entertaining this second bail application in changed circumstances.