HAJIALISHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application for grant of bail under Section 438, Cr. P. C. on behalf of the accused-petitioner Hajialisher against whom the Judicial Magistrate, First Class, Barmer is stated to have taken cognizance of a case under Section 302, I. P. C. with certain other offences. The petitioner has come straight to this Court under Section 438, Cr. P. C. without approaching the Court of Session.

(2.) TWO preliminary objections have been raised by the learned Public Prosecutor to the entertainability of this application. It is urged, in the first instance, that the Sessions Court should have been approached first. The other objection is that since a warrant of arrest has been issued against the petitioner, the application for hail cannot lie under Section 438, Cr. P. C. but it must be dealt with under Section 439, Cr. P. C. and that the accused must surrender before his prayer for grant of bail is considered

(3.) SINCE the preliminary objections raised by the learned Public Prosecutor are of some importance and are bound to affect the right of the accused in general who approach this Court for bail, I have heart! Mr. M. M. Singhvi as well as Mr. Bhimraj Purohit as intervenors.