RAMSEWAK Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a reference of the single Bench of this High Court which raises an important and indeed an interesting question relating to the powers of the High Court and the Court of Session to issue directions for grant of anticipatory bail to persons who have been released on bail during committal proceedings and have not yet been committed in custody to the Court of Session for trial, but who apprehend that they may at the time of committing the case to the Court of Session be remanded to custody by the committing Magistrate.

(2.) IN this reference we are not much concerned about the facts as they exist before the trial Court, but it would be appropriate to refer and state the essential part of the relevant facts in brief so as to appreciate the points at issue, properly and effectively.

(3.) THE factual aspect of this case which emerges out, giving rise to this reference is that one Keshev Ram Dubey lodged a report in the Police Station, Pawai against the four accused/applicants named above (hereinafter referred to as applicants) to the effect that they had kidnapped his daughter. Consequently, the applicants under apprehension of their arrest moved an application for grant of anticipatory bail for the alleged offence under sections 363, 366 and 376 of the I. P. C. The Chief Judicial Magistrate, Panna (in absence of the Addl. Sessions Judge, Panna) granted the anticipatory bail to the applicants for the aforesaid offences, by his order, dated 25-5-1978. Thereafter, the applicants were charge-sheeted for offences under sections 363 and 366 of the I. P. C. The applicants again, apprehending that they may be commited to the Court of Session under custody, as the offences were triable by Sessions Court, filed another application for anticipatory bail before the Sessions Judge, Panna, but he being on leave the application was again heard and considered by the Chief Judicial Magistrate who by his order, dated 5-1-1979 rejected the same holding that no anticipatory bail can be granted as challan has already been filed and that at the time of committing the case to the Sessions the Magistrate is empowered under Section 209 of the Cr. P. C. to take the accused into custody.