KATUA PATEL Vs. STATE OF M P

JUDGEMENT

(1.) THESE applications have been filed under Section 439 of the Code of the Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for bail and this order shall dispose of both the applications.

(2.) THE Police Station, Nowgaon, District Chhatarpur registered the crime No. 343/07 under Sections 302 and 201 read with Section 34 of IPC against the applicants. The anticipatory bail applications were filed by the applicants before the Sessions Court, but those applications were rejected. Thereafter, the applications under Section 438 of the Code were filed on behalf of applicants and this Court passed the orders of anticipatory bail on 23-10-2007 and 30-11-2007 in favour of applicants with these conditions that the orders of anticipatory bail shall remain in force for a period of sixty days and in the meanwhile, if the applicants so desire, may move an application for regular bail before the Competent Court, which shall be considered by that Court in accordance with law.

(3.) THE application under Section 439 of the Code for regular bail was moved by the applicants Katua Patel and Bala Patel, but the same was rejected by the Sessions Court on 20-12-2007 and thereafter, they filed the bail application under Section 439 of the Code before this Court, but the same was rejected as not maintainable vide order dated 25-1-2008 because these applicants were not in custody at the time of filing of that application. Thereafter, these two applicants surrendered before the Court of Judicial magistrate 1st Class, Nowgaon on 28-1-2008 and then they moved a bail application under Section 439 of the Code in this Court. The applicant Prabhu patel also moved an application for regular bail in the Sessions Court but the same was rejected vide order dated 29-1-2008 and thereafter, he filed the application for regular bail in this Court.