STATE OF MP Vs. RAMABAI

JUDGEMENT

(1.) This application has been preferred by the applicant- Smt. Ramabai w/o Shamsunder Bedia with a prayer that warrant issued by this Court in view of S. 390 of the Code of Criminal Procedure 1973 (hereinafter referred to as Code) has been misinterpreted by the concerned Court and the arrest warrant has been issued against her. Shri Jaisingh counsel for the present applicant submitted that if Rambai is produced before the concerned Court in view of the arrest warrant, she will have to be in custody and the concerned Court may not release her on bail under the impression that the present applicant is to be detained in custody as per order of this Court. It is his grievance that provisions of 5. 390 of the Code are not properly interpreted in the subordinate courts.

(2.) He submitted that if the present applicant goes in custody, it would be taken as stigma in the society and the children of the present applicant Ramabai would be finding it difficult to get married as their mother happened to be in custody. In view of this, he prayed that the present applicant be MADHYA PRADESH HIGH COURT released on bail by modifying the present order. Shri Anand Agrawal, Panel Lawyer for the State submitted that S. 390 of the Code may be interpreted, for guidance of the subordinate Courts.

(3.) Sec. 390 of the Code reads as follows: Arrest of accused in appeal from acquittal: When an appeal is presented u/s. 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.5. 390 of the Code empowers the High Court to issue a warrant directing that the accused be arrested and brought before it or any subordinate court, and court before which he is brought may commit him to prison pending the disposal of the appeal to admit him to bail.