NAFEESA P KHAN Vs. KHURSHID MAQBOOL SIDDIQUI

JUDGEMENT

(1.) HEARD the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State.

(2.) THIS application has been filed by the Applicant seeking an order from this Court that the Respondent No.1 herein be directed to appear before the Court of Metropolitan Magistrate for completing the bail procedure by submission of solvent surety and execution of bail bond as per the guidelines of the High Court Criminal Manual and the Code of Criminal Procedure. It is also prayed that this Court should direct the Court of the Learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai to regularize the bail procedure of the Respondent No.1 by taking recourse to proper procedure under the Code of Criminal Procedure and the directions and guidelines in the High Court Criminal Manual for acceptance of sureties and execution of bail bond.

(3.) THE learned Counsel appearing on behalf of the Respondent No.1, on the other hand, submitted that where the Court of Sessions or the High Court grants anticipatory bail, in such cases in view of the provisions of section 438(3) of the Criminal Procedure Code, the police officer has no other option but to grant bail to the accused. She has invited my attention to the aforesaid provisions and submitted that the said provisions, therefore, in cases where discretion is exercised in favour of the accused by the Court of Sessions or the High Court, would over-ride the guidelines which were prescribed under the Criminal Manual.