KAMAL KANT BHATTACHERJEE Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Cr. M.P. No. 2263 of 2016 has been filed on behalf of the petitioner - Kamal Kant Bhattacharjee under Sec. 482 of the Cr. P.C., whereby and where-under the petitioner has challenged the impugned order dated 02.06.2016 passed by learned Additional Chief Judicial Magistrate, Ghatshila in G.R. No. 96 of 2014, arising out of Mosabani P.S. Case No. 13 of 2014, whereby the learned ACJM, Chaibasa has rejected the prayer for bail of the petitioner filed in terms of Sec. 437 (6) of the Cr. P.C. without assigning any reason.

(2.) Learned counsel for the petitioner while assailing the impugned order relied upon the judgment of Honourable Madhya Pradesh High Court reported in 2000 Cr. L.J. 2644 Ram Kumar @ Raj Kumar Rathore Vs. State of Madhya Pradesh and Ors., wherein at para-5 the Honourable Madhya Pradesh High Court held that the provisions of Sec. 437(6) of the Cr. P.C. is mandatory.

(3.) Learned APP has replied the ruling filed on behalf of the petitioner and submitted that the ruling of Honourable Madhya Pradesh High Court in Ram Kumar @ Raj Kumar Rathore (supra) is not applicable in the facts and circumstances of this case. In view of the judgment passed in the case of Arjun Sahu Vs. State of M.P. [2008 Cr. L.J. 2771], the petitioner does not deserve to be enlarged on bail.