ABDUL RAZZAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule is made returnable forthwith and heard finally by consent of the parties.

(2.) The petitioners pray that this Court may declare that sub section (4) of Section 438 of the Code of Criminal Procedure, 1973 as applicable to the State of Maharashtra by virtue of Maharashtra Act No.XXIV of 1993 is ultravires the Constitution and is violative of Articles 14 and 21 of the Constitution of India.

(3.) Prayer of the petitioners emanated from their apprehension that following the order dated 23 rd June, 2011 passed by Additional Sessions Judge, Buldhana directing the petitioners to remain present in the Court of learned Judge on 27 th June, 2011, the petitioners might be arrested in the event of rejection of their application for grant of anticipatory bail.