SUBE Vs. STATE

JUDGEMENT

(1.) This is Petitioner's application under Section 498 of the Criminal Procedure Code.

(2.) The circumstances under which this application is being given are that the Petitioner was arrested in a case under Section 302 I.P.C. and after his arrest, an application was moved before the Special Judge, Bhind. who rejected it by his order dated 22-2-62 on the ground that since the investigation had not been completed he would not consider it. Later on, after the completion of the investigation and the challan, another application for bail was presented and the teamed Sessions Judge, Bhind rejected it on the ground that unless the statements of the eye-witnesses were on the record he would not consider the question of bail. Now the Petitioner has filed the application for bail.

(3.) Before considering the question of bail on merits, I would like to point out that the approach of the learned Special Judge (Sessions Judge, Bhind) in this case is not correct. According to Section 497 Cr. P. Code, an application or bail lies as soon as a man is accused of an offence. In fact according to the amendment of the section by Act No. 1 of 1956, a person suspected of commission of the offence can also apply for bail. In this view of the matter, as soon as a person is suspected or accused of an offence, application for bail would lie and must be heard, no matter whether of investigation is completed or not. The learned Special Judge is in manifest error when he thinks that during the investigation, it is not possible for him to grant bail which his order implies. According to Clause 2 of Section 497, Cr.P.C accused person can be released on bail, at "any stage of investigation" in proper cases.