Govind Singh Rajput vs State of Chhattisgarh

Sunil Kumar Sinha, J.—Heard. This is an application filed u/s 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 214/2009, registered at Police Station, Katghora, Distt. Korba (C.G.), for the offence punishable under sections 294 and 506 of Indian Penal Code and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The facts, briefly stated, are as under:--

Applicant-Govind Singh Rajput, apprehending his arrest in the aforesaid crime number, filed an application for grant of anticipatory bail vide M. Cri. C. (A) No. 776/2009. The said application was disposed of by order dated 10-3-2010 and it was directed that in the event of arrest of applicant, if he furnishes a personal bond in sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Arresting Officer, he shall be released on anticipatory bail. It was further directed that the said order of anticipatory bail dated 10-3-2010 shall remain in force till filing of the charge-sheet. It appears that after passing of the said order in M. Cri. C. (A) No. 776/2009, the applicant filed an application for regular bail before the Sessions Court, Korba. The learned Sessions Judge dismissed the regular bail application on the ground that the applicant was on bail as per order passed by the High Court, hence, he has not been arrested and the charge-sheet has not been filed, therefore, an application u/s 439, Criminal Procedure Code, would not be maintainable because the applicant was not in custody.

It is well settled that while an accused, remaining under the protective umbrella of anticipatory bail order u/s 438 of the Criminal Procedure Code, appears before the Competent Court and moves for regular bail it would be deemed that he is in custody and his bail application can be considered on merits. If the accused is under the protective order of anticipatory bail for a limited duration, while moving for regular bail under the provisions of the Code of Criminal Procedure what is required is that he has to remain present before the Court. In absence of physical appearance in Court on the dates fixed for hearing of the bail application the prayer for regular bail is not entertainable.

In the present case, the applicant had moved the bail application u/s 439, Criminal Procedure Code while he was enjoying the protective order passed by the High Court u/s 438, Criminal Procedure Code. Therefore, his bail application u/s 439 was maintainable as he was in deemed custody for the purposes of filing the bail application and his application was maintainable, which was dismissed by the Sessions Judge.

So far as merits of the case are concerned, the applicant was granted anticipatory bail on the basis of material available before this Court till 10-3-2010.

On being pointedly asked from learned Counsel for State about the progress in the case diary after 10-3-2010, he submits that there is no progress in the case diary after 10-3-2010, except the formality of arrest of the applicant in compliance of the order u/s 438, Criminal Procedure Code.

It is stated at bar (both the Counsel) that the charge-sheet has not been filed till date and the applicant is still enjoying the protective umbrella opened in his favour by the order dated 10-3-2010.

In the facts and circumstances of the case, I deem it appropriate to release the applicant on regular bail. Accordingly, his application filed u/s 439, Criminal Procedure Code is allowed.

It is directed that this applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court on each date of hearing till the disposal of the trial. Since the applicant is in deemed custody and he has not been physically arrested, it is directed that he shall surrender before the trial Court within 15 days from today and shall furnish the bail bond as aforementioned in which he shall be released forthwith.

Certified copy as per rules.