RAJENDRAPRASADCHAURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application for anticipatory bail under Sections 438 and 440 of the Code of Criminal Procedure, 1973, was filed before this Court on 27th June, 1995 and a notice was also given of the said application to the learned A.P.P. Thereafter, the matter was listed on 3rd July, 1995 when nobody appeared on behalf of the petitioner and the matter was ordered to be listed on 4th July, 1995 when the matter was heard and the case diary was called for within a period of two weeks from that date, and the matter was directed to be put up immediately after that on the list.

(2.) Learned Counsel appearing on behalf of the petitioner prayed for ad-interim order for anticipatory bail and cited before this Court the reported decision in the case of Durga Prasad v. The State of Bihar reported in [1987 Bihar Law Journal Page-597] in support of his prayer. On 6th July, 1995 this Court rejected the said prayer for grant of ad-interim anticipatory bail and the reasons for rejecting the said prayer are given hereinbelow.

(3.) Prior to the enactment of the provisions of Section 438 of the Code of Criminal Procedure, there was no similar provisions under the old Code of Criminal Procedure. There was a divergence of judicial opinion amongst various High Courts about the power of High Court to grant anticipatory bail. But the view of the majority of the High Court was that the Court did not have any power to grant the same. The Law Commission of India in its 41st report dated 4th September, 1969 felt the requirement of introducing such a provision and pursuant thereto the provisions of Section 438 of the Code of Criminal Procedure was introduced for the first time in the present Code of 1973.