MANISHA NEEMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application made by the applicant for grant of bail in anticipation of her being arrested under Section 438 of the Code of Criminal Procedure in connection with Crime No. 158/03 for the offences under Section 420 of the Indian Penal Code and Sec. 3/7 of the Essential Commodities Act, directly without approaching the Court of Sessions at the first instance.

(2.) At the outset, this Court had asked the learned counsel for the applicant as to why the applicant has not approached at the first instance before the Sessions Court having jurisdiction over the matter.

(3.) The contention of the learned counsel for the applicant is that Section 438 of the Cr. P.C. provides concurrent jurisdiction and therefore, it is the choice of the applicant to approach either of the Courts. In the application, the applicant has not mentioned the facts of the case as to how and on what basis, she has an apprehension for her arrest which may facilitate this Court to apply its mind effectively while using power under Section 438 of the Code of Criminal Procedure. In the application, no reasons have been assigned as to why she has not approached and what are the special circumstances under which, the applicant filed this application directly before this Court though she is not a permanent resident of Indore. She is resident of Subhash Chowk, Sanawad (District Khargone, M.P.). The applicant has even not mentioned that as to how she is connected with the firm and whether it is a partnership firm, or proprietory firm. If it is a partnership firm, then, whether she is a working partner or sleeping partner, has also not been mentioned.