Mahendra Singh Verma vs State

These two bail applications have been filed under Section 438 Cr.P.C. on behalf of the accused-petitioners, who are apprehending their arrest in connection with FIR No. 341/2018, Police Station Hanumangarh Junction, registered for the offences punishable under Sections 458, 323, 382, 342, 336, 427, 147, 148 & 149 of the Indian Penal Code and Section 17 of the Arms Act.

Learned counsel for the petitioners stated that the charge- sheet has beenf iled in the absence of the accused-petitioners on 16.05.2020 before the Trial Court along with one application stating, inter alia, that the accused-petitioners appeared before the Investigating Officer in compliance of the notice under Section 41 Cr.P.C. and the concerned Station House Officer of Police Station Hanumangarh Junction requested the Trial Court to accept the charge-sheet and learned counsel further stated that at that time, some of the accused-petitioners were appeared before the Trial Courton 27.07.2020 but, on the statement of the other side to this aspect that anticipatory bail application are pending before the Hon'ble High Court and the benefit of interim protection has been granted in favour of the accused-petitioners, the learned Trial Court does not accept the appearance of the accused- petitioners, therefore, in these circumstances, the learned Trial Court may kindly be directed to accept proper bail bonds of appropriate amount at the discretion of the learned Trial Court; and thereafter, the matter may be proceed further. Learned counsel further stated that if the bail application is submitted by the accused-petitioners before the learned Trial Court, the same may be decided, on the very same day, in accordance with law.

On the contrary, learned Public Prosecutor does not controvert the factums that the charge-sheet has been filed and the accused-petitioners have jointed the investigation in pursuance of the directions issued by this Court.

Having heard learned counsel for the petitioners, learned Public Prosecutor and the learned counsel appearing on behalf of the complainant and after perusal of the material available on record, this Court is of the opinion that the present bail applications deserve to be disposed of with certain appropriate directions.

Since, the present cases, charge-sheet has already been filed and as per the concerned Investigating Officer, the accused- petitioners have jointed the pending investigation and no custodial interrogation is required with arrest of the accused-petitioners, therefore, it appears appropriate to observe that if now the accused-petitioners appear before the Trial Court and submit regular bail applications then, since the prosecution itself has not required any custodial inquiry from the accused-petitioners, the bail applications, yet to be filed by the accused-petitioners, shall be allowed and they may be directed to furnish appropriate bail bonds to the satisfaction of the learned Trial Court.

Resultantly, both these anticipatory bail applications moved under Section 438 Cr.P.C. on behalf of the accused-petitioners are disposed of with the observations foregoing.