HARIOM LOKHANDE Vs. M P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) A short point arises for consideration whether an accused against whom a bailable warrant issued upon filing of the complaint or charge-sheet, can he be released on anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), depending upon the merits of the case.

(2.) THE short facts of the case are that the application under Section 438 of the Code was filed by the applicant Hariom Lokhande before the Sessions Court on this ground that a complaint case has been filed on behalf of M. P. E. B. under Section 135 read with Section 154 of the Electricity Act, 2003 in the Court of Judicial Magistrate First Class, Betul and on filing of this complaint, the Judicial Magistrate First Class, Betul issued a bailable warrant against this applicant. The application for anticipatory bail was pending in the Court of Second Additional Sessions Judge, Betul, who was appointed as Special Judge under Section 153 of Electricity Act, 2003 for the purposes of disposal of the cases. Since, the Presiding Officer of Special Court was transferred and the Court was lying vacant, therefore, the application was sent to the Court of Special Judge, Betul, who was looking after the work of Special Judge, appointed under the Electricity Act. The anticipatory bail of the applicant was heard by the Special Judge, Betul on 27-7-05 and the learned Special Judge observed that the Committal Court has only issued the bailable warrant and there is no apprehension of the arrest of the applicant, therefore, the application for anticipatory bail is not maintainable and the same was rejected.

(3.) BEFORE considering the question as mentioned earlier, the provisions of Sub-section (1) of Section 438 of the Code may be reproduced, which runs as follows: