GOVIND SINGH RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 214/2009, registered at Police Station, Katghora, Distt. Korba (C.G.), for the offence punishable under Sections 294 and 506 of IPC and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) IT is well settled that while an accused, remaining under the protective umbrella of anticipatory bail order under Section 438 of the Criminal Procedure Code, appears before the Competent Court and moves for regular bail it would be deemed that he is in custody and his bail application can be considered on merits. If the accused is under the protective order of anticipatory bail for a limited duration, while moving for regular bail under the provisions of the Code of Criminal Procedure what is required is that he has to remain present before the Court. In absence of physical appearance in Court on the dates fixed for hearing of the bail application the prayer for regular bail is not entcrtainable.