BHEEM SINGH BHADORIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is first application under Section 438 of Cr. P. C. filed by the applicant against the order dated 28. 02. 2009 passed by the Additional Judge to the Court of First Additional Sessions judge, Gwalior, in ST No. 210/08.

(2.) THE applicant, earlier, was arrested by Police Station Hujrat Kotwali, under sections 420, 467, 468, 469, 471 of IPC and was enlarged on bail. By the impugned order, one application filed on behalf of the applicant for exempting the appearance before the court was rejected. The court observed that the witness was present and on the last date also the applicant was not present. The presence of the applicant was required for identification of the victim, therefore, the application for exemption was rejected and the court forfeited the bail bonds of the applicant and issued non-bailable warrant.

(3.) THE question for consideration arose whether in such circumstances the benefit of provision of Section 438 of Cr. P. C. can be extended to the applicant?