GUDDU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for bail. The applicant is said to have been arrested on the spot while picking the pocket of the reporter and relieving him of Rs. 240/- at about 11.30 p.m. on 30-11-1989. It is alleged that the reporter was taking his meal in a marriage party. The applicant was taking meal in that party. Somehow, in the crowd, he had picked the pocket. The Magistrate as well as the Sessions Judge rejected the application for bail. Hence this application has been moved.

(2.) It has been contended on behalf of the applicant that the applicant is a boy below sixteen years of age. He ought to have been granted bail by the lower court. Learned State Counsel urged that pickpockets put the victim in a very strange and helpless position after the occurrence and strong view should be taken.

(3.) As seen above, the offence was quite petty in nature. The learned Sessions Judge was exercising the jurisdiction under S.439 of the Code of Criminal Procedure (hereinafter referred to as the Code). While interpreting the provisions of Ss.437 and 439 of Code, the Supreme Court of India had explained the overriding considerations which should prevail in granting bail. In Gurcharan Singh v. State, AIR 1978 SC 179, it was observed that S.439(1) of the Code confers special powers on the High Court or the Court of Session in respect of bail. The Supreme Court observed :-