SASARAM Vs. STATE

JUDGEMENT

(1.) After taking cognizance against the petitioner the learned Magistrate issued bailable warrant though he could have issued non-bailable warrant also. It is expected that if the accused appears in the Court the learned Magistrate shall release him immediately on bail and it will not be proper exercise of discretion to send jail initially bailable warrant was issued and if the petitioner appears, the learned Magistrate should not refuse to grant bail and should not send him to Judicial Custody. With this the apprehensions of the accused petitioner that he shall be arrested as is likely to be arrested being set of rest there is no need to grant any pre-assert bail. The application thus stands disposed of.