RATAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Section 439(1)(b) read with section 482 of the Cr.P.C.. It has been filed for extension of time granted by the Court of Sessions Judge, Tikamgarh, in bail application no. 793/2007 on 29.08.2007 for presenting in the Court fixed deposit receipts issued by a Nationalized Bank in the sum of Rs.4,02,596/-.

(2.) The facts necessary for disposal of this miscellaneous criminal case may be summarized as hereunder: Crime No.663/2007 under Sections 420 and 409 of the IPC was registered by P.S. Kotwali, Dist. Tikamgarh, against accused/petitioner Ratan Singh and two other coaccused persons namely, Kishorilal and Kayyum Khan.

(3.) In spite of aforesaid order, the petitioner did not surrender before the trial Court, instead, he moved an application under Section 439(1)(b) read with Section 440 of the Cr.P.C. In aforesaid application, the petitioner advanced an argument that the direction for release of petitioner on bail on depositing fixed deposit receipts was bad in the eyes of law, forgetting conveniently that the proposal for the same had come from the petitioner himself. This application was also dismissed by the learned Sessions Judge, Tikamgarh by order dated 20.11.2007. In spite of order dated 20.11.2007, the petitioner did not surrender before the trial Court and continued to enjoy the fruits of freedom because of failure of criminal justice system to arrest him. Meanwhile, the petitioner was declared an absconder on 29.09.2010 by learned trial Court.