DILIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 26-6-1987, a report was lodged at the Police Station Bhinai, district Ajmer that Shanker Lal and four-five other persons have billed one Bhura Jat, in village Jaswantpura, after dragging him to the forest. The main accused Shanker Lal has been released on bail as challan was not prosecuted in Court within the required time. Another accused Gopal was released on bail on an application under Sec. 439 Cr. PC. one accused Ranvir Singh is in judicial custody and has not so for himself any bail application for being released on bail-

(2.) The challan against the present petitioner Dalip Singh was presented by showing him as absconder. He has now moved an application under section 438 Crimial P.C., as his application was rejected by the Sessions Judge, Ajmer.

(3.) The main accused and another co-accused have already been release don bail and the question to be seen is whether this petitioner can be released on an application under section 438 Cr. PC or he should be first arrested and only after that his application can be considered. It has been submitted that the petitioner is working in district Jhunjhunu and he has been implicated only because he had gone to see the main accused Shanker Singh while he was in the hospital at Ajmer.