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1971 DIGILAW 469 (ALL)

Parmanand Joshi v. State of U. P.

1971-10-26

J.M.L.SINHA

body1971
JUDGMENT J.M.L. Sinha, J. - Parmanand has moved this application under sections 496, 497, and 498 read with S. 561-A Cr.P.C. 2. Very briefly stated, it is alleged in the application that apart from the fact that the applicant belongs to a respectable family he holds the office of Sabhapati, Sadhan Sahkari Samiti Regruwala and is also actively associated with the cooperative movement of the locality; that in the discharge of his duties in connection with the cooperative movement he came into conflict with the A.D.O. (C) and S.D.M. Lohaghat who are conspiring together to get him falsely implicated in various offences including those of embezzlement and falsification of accounts. The applicant has therefore prayed that he may be taken into custody and thereafter may be released on bail in anticipation of his arrest and detention. 3. I have heard learned counsel for the applicant at length. 4. The application is in effect one for bail. Provisions for bail are contained in Sections 496, 497 and 498 of the Cr.P.C. S. 561-A Cr.P.C. cannot be invoked for obtaining orders regarding bail. So far as Sections 496 and 497 are concerned they do not apply to this court. As far S. 498 the court of Sessions can also exercise power under that section to grant bail. It is the established practice of this court that an application for bail is not normally entertained in this court unless the courts below have first been approached. It was conceded before me during the arguments on behalf of the applicant that no application with a request similar to that in the present application has so far been made by the applicant either in the court of the Magistrate having jurisdiction or in the court of Sessions Judge. 5. Apart from the above there is also the fact that before examining whether bail should or should not be granted to a person it is necessary for a court to ascertain if the applicant is wanted in any case at all and if so what is the nature and circumstances of the case in which he is wanted. 5. Apart from the above there is also the fact that before examining whether bail should or should not be granted to a person it is necessary for a court to ascertain if the applicant is wanted in any case at all and if so what is the nature and circumstances of the case in which he is wanted. Indeed it is not appropriate for any court to take a person in custody merely because he offers to be taken into custody and then grant bail to that person without examining whether he is at all wanted in any case and if so what is the nature thereof. It is the Magistrate having jurisdiction over the case or the court of Sessions that can be in a best position to ascertain whether the accused is at all wanted in any case and if so what is the nature thereof. For that reason too the application should first be moved before the courts below and not directly before this court. 6. The application therefore fails and is hereby dismissed.