Anil @ Gwal Vs. State

Anil @ Gwal vs State

Disposition Misc. crl. case allowed Court Madhya Pradesh Decided Dec 04, 2001

~3 min read

https://sooperkanoon.com/case/497875

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/497875
Court: Madhya Pradesh High Court
Judge: N.S. Azad, J.
Decided On: Dec 04, 2001
Case Number: Misc. Criminal Case No. 6566/2001
Subject: Criminal
Disposition: Misc. crl. case allowed

Case Summary

AI-generated summary - not the official court judgment text.

- - 5,000/-with a surety in the like amount to the satisfaction of J.

Key legal issue: Criminal
Outcome / disposition: Misc. crl. case allowed
Acts & sections: Code of Criminal Procedure (CrPC) , 1974 - Sections 438, 438(1), (3) and 482; Indian Penal Code (IPC), 1860 - Sections 306

Parties & Advocates

Appellant / Petitioner

Anil @ Gwal

Advocate S.A. Wakeel, Adv.

Respondent

State

Advocate D. Joshi, Panel Lawyer

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1974 - Sections 438, 438(1), (3) and 482; Indian Penal Code (IPC), 1860 - Sections 306
Reported In: 2002(1)MPHT161

Excerpt

- - 5,000/-with a surety in the like amount to the satisfaction of j......bail under sub-section (1) of section 438 of the cr.pc. the relevant provision contained in sub-section (3) of section 438 of the cr.pc runs as under:--'438 (3)-- if such person is thereafter arrested without warrant by an officer-in-charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of court under sub-section (1).'5. thus, this petition is allowed at the stage of admission. the orders dated 6th september, 2001, which is repeated on 29th october, 2001, are set aside, in exercise of inherent powers and it is ordered that if the petitioner appears before the court of j.m.f.c. concerned, and surrenders to the court's custody, he shall be released on his executing a personal bond worth rs. 5,000/-with a surety in the like amount to the satisfaction of j.m.f.c., jabalpur. c.c. as per rules.6. misc. criminal case allowed.

Full Judgment

N.S. Azad, J.

1. Arguments heard.

2. A perusal of order dated 16th July, 2001, passed by the Section Addl. Sessions Judge, Jabalpur, discloses that this petitioner was admitted to anticipatory bail in connection with Crime No. 399/2001 of P.S. Garha, pertaining to offence punishable under Section 306 of the IPC. It is also noted on perusal of order sheet dated 6th September, 2001, the certified copy, which is submitted on behalf of the petitioner that the police report in connection with aforesaid Crime No. 399/2001 was submitted by Police Station, Garha, Dist. Jabalpur, on 6th September, 2001 in the Court of J.M.F.C., Jabalpur for an offence punishable under Section 306 of the IPC and this petitioner was recorded as absent. The learned J.M.F.C. ordered issuance of non-bailable warrants against this petitioner and concluded the order-sheet without fixing the date of hearing. After some time, on the same date, Shri R.K. Dixit, Advocate, submitted his memo and appeared on behalf of this petitioner. He is stated to have moved an application which again is recorded to have been rejected without assigning any reason, simply on the ground that warrant of arrest is already ordered to be issued against this petitioner.

3. Since an Advocate appeared on behalf of the petitioner on the date of filing the police report, it does mean that the petitioner was noticed for his appearance in the Court of J.M.F.C. on 6-9-2001.

4. In a case where an accused is admitted to bail under Section 438 ofthe Cr.PC, in the event of filing of police report and taking of cognizance of some offence by the Magistrate, the Magistrate is required to issue a bailable warrant, in the first instance, in conformity with the direction of the Court which has admitted the accused to anticipatory bail under Sub-section (1) of Section 438 of the Cr.PC. The relevant provision contained in Sub-section (3) of Section 438 of the Cr.PC runs as under:--

'438 (3)-- If such person is thereafter arrested without warrant by an officer-in-charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of Court under Sub-section (1).'

5. Thus, this petition is allowed at the stage of admission. The orders dated 6th September, 2001, which is repeated on 29th October, 2001, are set aside, in exercise of inherent powers and it is ordered that if the petitioner appears before the Court of J.M.F.C. concerned, and surrenders to the Court's custody, he shall be released on his executing a personal bond worth Rs. 5,000/-with a surety in the like amount to the satisfaction of J.M.F.C., Jabalpur. C.C. as per rules.

6. Misc. Criminal Case allowed.

Same Court & Year Madhya Pradesh · 2001 Same Parties Anil @ Gwal vs State Same Subject Criminal Same Judge N.S. Azad, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1974 - Sections 438, 438(...

Criminal