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Judgment
6 paragraphs · 282 wordsK. Bhakthavatsala, J.—The Petitioner, who is accused in Crime No. 34/2011 of Urva Police Station, D K, is before this Court u/s 438 of the Code of Criminal Procedure, seeking bail for the offence under Sections 417, 420 and 409 of the Indian Penal Code
Learned Counsel for the Petitioner submits that the Petitioner has filed a bail Petition u/s 438 of Code of Criminal Procedure before the Sessions Court at Mangalore and the same came to be registered as Crl. Misc. No. 291/2011 and assigned to the III Addl. Sessions Judge for disposal. On account of transfer of III Addl. Sessions Judge, the disposal of the ease is delayed. Therefore, the Petitioner has approached this Court seeking anticipatory bail for the said offence.
Learned Government Pleader Submits that since the Petitioner has already filed bail petition u/s 438 of Code of Criminal Procedure the present Petition is liable to be rejected.
Learned Counsel for the Petitioner has not produced copy of the order sheet in Crl. Misc. No. 291/2011. If the Judge is transferred, the in charge Judge can dispose of the urgent matters like bail petitions. ''The Petitioner has not yet exhausted the remedy available before the Sessions Court. Under such circumstances, the present Petition filed u/s 438 of Code of Criminal Procedure cannot be entertained.
In the result, the Petition is rejected, with liberty to approach the Sessions Court for early disposal of the bail petition in Crl. Misc. No. 291/2011. The Sessions Court is also directed to dispose of Crl. Misc. No. 291/2011 on or before 16.5.2011.
The Registry is directed to furnish copy of this order to the learned Counsel for the Petitioner.