STATE OF M.P. 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 Ramabai 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 S. 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 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.) THEREFORE , though the warrant of arrest has been issued by the High Court u/s. 390 of the Code, that does not mean that subordinate Court before whom the accused is to be produced in view of that warrant does not have power to release him on bail. S. 390 of the Code gives discretion to that Court either to commit him to prison pending disposal of the appeal before the High Court or to admit him to bail. If that Court comes to a conclusion that the crime which has been indicated against such accused is so serious that he is not entitled to get the bail in view of S. 437 of the Code, that Court may send such accused to prison. But if that Court finds that the accused so arrested and brought before it, is entitled to get bail in view of provisions of S. 437 of the Code; that Court has every discretion to release that accused on bail, because the said warrant is issued u/s 390 of the Code which authorities such action. If such warrant is not issued under provisions of S. 390 of the Code, then the situation may be different The Court before whom such accused is produced or appears, need not to be under the impression that as such warrant is issued by the High Court directing the arrest of such accused, he should be arrested and sent to custody.