ANIL ALIAS GWAL Vs. STATE

JUDGEMENT

(1.) ARGUMENTS heard.

(2.) A perusal of order dated 16th July, 2001, passed by the Section Addl. Sessions Judge, Jabalpur, discloses that this petitioner was admitted to anticipatory bail in connection with Crime No. 399/2001 of P. S. Garha, pertaining to offence punishable under Section 306 of the IPC. It is also noted on perusal of order sheet dated 6th September, 2001, the certified copy, which is submitted on behalf of the petitioner that the police report in connection with aforesaid Crime No. 399/2001 was submitted by Police Station, Garha, Dist. Jabalpur, on 6th September, 2001 in the Court of J. M. F. C. , Jabalpur for an offence punishable under Section 306 of the IPC and this petitioner was recorded as absent. The learned J. M. F. C. ordered issuance of non-bailable warrants against this petitioner and concluded the order-sheet without fixing the date of hearing. After some time, on the same date, Shri R. K. Dixit, Advocate, submitted his memo and appeared on behalf of this petitioner. He is stated to have moved an application which again is recorded to have been rejected without assigning any reason, simply on the ground that warrant of arrest is already ordered to be issued against this petitioner.

(3.) SINCE an Advocate appeared on behalf of the petitioner on the date of filing the police report, it does mean that the petitioner was noticed for his appearance in the Court of J. M. F. C. on 6-9-2001.