JUBAR MAL Vs. STATE

JUDGEMENT

(1.) THE following question has been referred to by a learned Single Judge of this Court to a larger Bench for decision - "whether the High Court or the subordinate courts have power under the Code of Criminal Procedure to grant bail to a person seeking bail even though he may not have been arrested or detained in custody and no warrant of arrest has been issued against him, but prays that a case has been registered against him by the police and he will be arrested and thereby disgraced if bail is not granted to him ?"

(2.) THE circumstances, under which this reference has been made, may be briefly narrated. THE applicants Jubar Mal and Panna Lal,who are residents of Ahor, district Jalore, made an application to the Sessions Judge. Balotra, for grant of bail under sec. 498 of the Code of Criminal Procedure. THEy said that the police was trying to arrest them in order to insult and harass them, and they prayed for what is colloquially called anticipatory bail. This application was rejected, and thereupon they applied to this Court for grant of bail. THEy pointed out that a case under secs. 3 and 7 of the Essential Supplies Act has been registered against them, and was under investigation. THEy apprehended that they would be arrested in connection with that case, and would be harassed and insulted, and therefore they should be granted bail in anticipation of their possible arrest.