AJAY HALDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition is filed under Section 482 read with Section 437 (6) of the Code of Criminal Procedure, 1973 (in short 'the Code') petitioner has challenged the legality and property of the order dated 8-7-09 passed by Additional Sessions Judge, Uttar Bastar Kanker in Criminal Revision No. 12/09 affirming the order dated 4-4-09 passed by the Chief Judicial Magistrate, Uttar Baster Kanker in Criminal Case No. 1468/08, whereby learned Chief Judicial Magistrate has dismissed the application for grant of bail filed under Section 437 (6) of the Code.

(2.) ORDER is challenged on the ground that Courts below have not complied the mandatory provisions of the "Code" and without assigning any reason rejected the application superficially.

(3.) LEARNED Counsel for the applicant further placed reliance in the matter of Ram Kumar @ Raj Kumar Rathore Vs. State of M.P., 2000(1) M.P.H.T. 661 = 2000 (1) JLJ 404, in which it has been held by the High Court of M.P. that the provisions of under Section 437 (6) is mandatory in nature and the apprehension of not attending the Court by the applicant is not ground for rejection or judicious.