LACHCHHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Following Meaningful questions related to Sec. 438 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') arise for consideration in the instant Misc. Petition :

(2.) Contextual facts depict that a case u/ss. 363 & 366 Penal Code bearing FIR No. 278/2003 was registered against the petitioner at Police Station Bayana (Bharatpur). Apprehending arrest the petitioner approached this Court by filing application (S.B. Criminal Misc. Bail Application No. 4194/2003) u/s. 438 Crimial P.C. While allowing the application on 14.10.2003, this Court directed the SHO Police Station Bayana that in the event of arrest the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 5,000.00 with one sound surety in the like amount on the following conditions:-

(3.) After releasing the petitioner on bail and conclusion of investigation, the SHO concerned filed the charge-sheet in the Court of learned Additional Chief Judicial Magistrate Bayana (for short 'ACJM') for the offences u/ss. 363 & 366 Penal Code on 10.11.2003. The petitioner who was present in the Court, was required to file fresh bail bonds. On furnishing the bail bonds learned ACJM released the petitioner on bail for a limited period of 15 days pursuant to the directions of the High Court issued in its order dated 14.10.2003. As the case was exclusively triable by Court of Session, learned ACJM posted it for 24.11.2003 to initiate committal proceedings. Application seeking exemption from personal appearance filed on behalf of the petitioner was taken up and rejected on 15.12.2003 and learned ACJM issued bailable warrant. Being aggrieved with the order, the petitioner filed application seeking bail u/s. 439 Crimial P.C. in the Court of learned Additional Sessions Judge No. 1 Bayana. Dismissing the application vide order dated 21.11.2003, learned Additional Sessions Judge, observed that without filing bail application u/s. 437 Crimial P.C., provisions u/s. 439 Crimial P.C. could not be invoked. In such a situation, the petitioner has filed this petition u/s. 482 Crimial P.C. seeking appropriate directions in the matter.