MOHAN RAIKWAR Vs. STATE OF M P

JUDGEMENT

(1.) ARGUMENTS heard.

(2.) CASE Diary of Crime No. 117/99 registered at Police Station, Seoni, for the offences punishable under Sections 323, 294, 506 -II of the Indian Penal Code, read with Section 3/4 of the Dowry Prohibition Act, perused.

(3.) THE prayer shows that barring Section 506-11 of the Indian Penal Code, all other offences are bailable. It is unfortunate that for an offence punishable under Sections 323, 294, 506-II of the Indian Penal Code, and Section 3/4 of the Dowry Prohibition Act, the accused has to remain in jail, in absence of an order of bail, from 13-3-1999. The petitioner had moved this application for grant of bail as his application for release has been rejected by the learned Trial Judge and, thereafter, the application was rejected by the learned First Additional Sessions Judge on 17-3-1999. The repeat prayer has been rejected by the learned Additional Sessions Judge on 13-4-1999 simply on the ground that the earlier application was rejected on merits and there were no changed circumstances. The attention of the learned Judicial Magistrate and the Additional Sessions Judge are drawn to Section 503 of the Indian Penal Code, which defines Criminal Intimidation as under :