CHANDRA KANJAPPA KUCHCHIKURWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms.Leela D. Malu, the learned counsel for the applicant, and Ms.R.M.Gadhavi, the learned APP for the State.

(2.) The applicant is sought to be arrested in C.R.No.187 of 2012, of Shahu Nagar Police Station, which is in respect of offences punishable under Sections 324, 504, 506 of the Indian Penal Code (IPC) read with Section 34 thereof. The applicant, apprehending arrest, approached the court of Sessions for anticipatory bail, but the learned Sessions Judge rejected the said application observing that it would be necessary to have the custodial interrogation of the applicant.

(3.) The learned counsel for the applicant submitted that all the offences, with which the applicant is charged, are bailable. But still an application for anticipatory bail was made as the police and sometimes the subordinate courts also, treat the offence punishable under Section 324 of the IPC, as "nonbailable". The learned counsel submitted that, that the said offence is bailable was canvassed before the learned Sessions Judge, who, however, in her order, did not deal with this aspect of the matter at all. The learned counsel agrees that an anticipatory bail application cannot lie in respect of bailable offences, but urges that the correct legal position with respect to the offence punishable under Section 324 of the IPC be clarified.