NUSOOR SHEIKH Vs. STATE OF M.P.

JUDGEMENT

(1.) ON the complaint of Non -applicant No. 2 a Criminal Case is registered against the applicants (Accused -persons) for the offences punishable under sections 420, 467, 468, 471 read with section 120 -B IPC and summonses to appear before the Court concerned are issued. This is an application filed by the applicants under section 438 of the Code of Criminal Procedure.

(2.) THE contention of the learned counsel for the applicants is that as some of the offences registered against the applicants, the Magistrate concerned has no jurisdiction to grant regular bail. He submitted that in compliance to the summonses if the applicants appear before the Magistrate then the applicants shall be remanded to custody. Learned counsel submitted that a sufficient time may be given to the applicants in exercise of the powers under section 438 of the Code to approach the appropriate Court and obtain the order of regular bail from the said Court.