RAM KISHOR SAKET Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has filed this revision against the order dated 13. 06. 2006 passed by the Additional Sessions Judge, Umariya, rejecting his regular bail application No. 1013/2006, holding it not maintainable.

(2.) APPLICANT apprehending arrest in Crime No. 112/2005 registered under Sections 409 and 465 of the Indian Penal Code by Police Station chandia of district Umariya, moved an application under Section 438 of the code of Criminal Procedure before the High Court which was registered as m. Cr. C. No. 374/2006. By order dated 12. 04. 2006, the aforesaid application was allowed. He was directed to be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/-and a surety bond in the like amount to the satisfaction of the Arresting Officer. It was, however, directed that the bail order shall remain in force for a period of 60 days. During this period, if the applicant so desires, may move an application for regular bail before the competent Court, which shall be considered by that Court in accordance with law.

(3.) WHEN applicant moved the regular bail application before the court of Sessions, learned Additional Sessions Judge, placing reliance on gurcharan Singh Vs. State (Delhi Admn.), AIR 1978 SC 179, dismissed the application holding that the said regular bail application was not maintainable under Section 439, Cr. P. C. as the applicant did not first move the Court of magistrate under Section 437 of the Code of Criminal Procedure.