B.L. VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) U .N. Bhachawat 1. This is an application under section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the new Code') for enlarging the accused -applicants (hereinafter referred to as the applicants) on bail. This application came to be filed before this court in the following manner.

(2.) THE applicants had on 17th August, 1977, obtained anticipatory bail for the offences under sections 147, 148, 323, 294, and 330 read with section 149 of the Indian Penal Code from the Court of the First Additional Sessions Judge. Jabalpur. Thereafter, against these applicants, who were released on bail on being arrested in view of the said order of anticipatory bail, a challan was filed by the police station officer, Belkheda for the aforesaid offences in the Court of the Judicial Magistrate. Patna on 30 -1 -78.

(3.) THE applicants moved an application for anticipatory bail in the Court of the Sessions Judge. Jabalpur for their being released on bail in the event of their being taken into custody for the offences under sections 395/376, 511, 451 and 397 of the Indian Penal Code on committal. The application was made over for decision to the Additional Sessions Judge to the Court of First Additional Sessions Judge, Jabalpur (hereinafter referred to as the Court below) who, vide his order dated 4 -9 -78 in Misc. Cr. Case No. 646 of 78 dismissed the application on the ground that no such application lay. To have a better grasp of the holding of the Court below, the relevant excerpts of the order are set out below: -