SHAMBHU SHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 438 of the Code of Criminal Procedure, seeking bail in the event of applicant's arrest. The applicant apprehends his arrest for the offences punishable under Section 363, 364, 368, 370, 372, 373, 420 and 406 of the Indian Penal Code in Dighal Bank P.S. Case No. 143/97, G.R. No. 1176/97. This bail petition was presented before this Court on 28.7.1998. However, by order dated 05.8.1998 passed by this Court case diary was sent for, but it appears that for want of case diary the case could not be listed before the Courts for orders.

(2.) IT is, however, submitted that the applicant has been arrested and is in jail custody since 12.10.1998. Thus an application under Section 439 of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code ') was filed before the Chief Judicial Magistrate, Kishanganj and it was mentioned in the application that before this Court an application under Section 438 of the Code was filed which is pending. The learned Chief Judicial Magistrate by order dated 23.10.1998 directed to have an appropriate order under Section 438 of the Code by this Court, till then it was directed that the bail application made under Section 439 of the Code shall be kept with the record.

(3.) UNTIL guilt is. established the undertrial prisoner is supposed to be innocent person and keeping such person indefinitely .in jail amounts to punishment which is also contrary to the mandate of Article 21 of the Constitution of India. Therefore, time being the essence of liberty no, sooner an application under Section 439 of the Code is made it should be disposed of as early as possible, of course, after affording reasonable opportunity of being heard to the prosecution agency and looking into and considering the case diary, etc.