VIDHYAWATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been moved under Section 438, Cr.P.C. A case under Sections 304B and 498A IPC has been registered against the petitioners.

(2.) THE learned Public Prosecutor has raised a preliminary objection with regard to the maintainability of this bail application on the ground that the petitioners have approached this Court directly without first moving a petition under Section 438, Cr.P.C. before the Sessions Judge and in support of his aforesaid submission the learned Public Prosecutor has placed reliance on the decision of this Court in Manzoor Ahmed v. State of Rajasthan reported on 1985 RLR 774 wherein this Court has laid down normally an accused should first move the Court of Sessions before coming to this Court under Section 438 Cr.P.C. It is true that in this case the accused petitioners have moved this Court directly without first moving the Sessions Judge and have also not indicated any special reasons for departure from the normal practice but I find that this bail application was moved on 9th December, 1988 and during this period it has been placed for orders before the court on a number of occasions The case diary has also sent for and directions have also been issued that petitioners may not be arrested. Since the case diary has also been received, I consider it appropriate to consider the bail application, on merits.