MOTI LAL Vs. STATE

JUDGEMENT

(1.) ON an application for grant of anticipatory bail, the learned Additional Sessions Judge passed the following order :

(2.) SECTION 438 of the Code of Criminal Procedure is a salutary provision enshrining the intention of the legislature that liberty of the subject is not put in jeopardy on frivolous grounds. The provision is thus no plaything inviting casual handling or perfunctory treatment. It is a solemn provision which mandates due judicial care and circumspection without being taken in by equivocatory quibblings. In dealing with it no lexical desterity is needed. Even the truth, veracity and effect of the evidence is not to be meticulously judged. What, however, is expected is a speaking order furnishing salient features of the case, and the factors which weighed with the court while finally making up its mind. This would be a guarantee against arbitrariness. Unfortunately the order in question is wanting in that respect and this leaves us droping in the dark.

(3.) ADMITTEDLY , the investigation is still not complete and during arguments it was strenuously contended on behalf of the State that the petitioner had made himself scarce and despite repeated efforts to contact him he failed to respond. It was further argued that grant of anticipatory bail at this stage would greatly prejudice investigation.