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1994 DIGILAW 421 (RAJ)

Pushkar Singh v. State of Rajasthan

1994-05-20

M.C.JAIN

body1994
JUDGMENT 1. - This is an application moved under Section -139, Criminal Procedure Code by the accused - petitioner Puskhar Singh with the averments that the case under sections 304, 286 & 427, Indian Penal Code and Sections 3 & 5, Explosive Sub-stances Act, 1988 has been registered against him by the police of P.S. Mangulpeer (Dist. Akola) (Maharashtra), intimation regarding the case has been sent by it to the S.H.O., Mandal (Bhilwara) and he has apprehension that he might be arrested in connection with. the said case. 2. Learned counsel for the accused-petitioner contends that the accused- petitioner is a partner of the firm which has been granted licence under the Explosive Act by the concerned authority and supplies explosive substances for digging of walls. He also contends that no offence under section 304 Indian Penal Code and Sections 3 & 5, Explosive Substances Act, 1908 is made out against him. He lastly contends hat the learned Sessions Judge, Bhilwara has seriously erred to rely upon Sayad Zafrul Hussain & Others v. State. 1986 Cr.L.J. 605 (Patna) and to ignore various decisions of this Court, cited in his order dated May 17, 1994 rejecting the petition moved under Section 438, Criminal Procedure Code He places reliance upon Capt. Satish Kumar Sharma v. Delhi Administration 1991 Cr.L.J. 950 (Delhi) , Dr. N.R. Nayadu v. State a Karnataka 1984 Cr.L.J. 757. , Pradeep Kumar v. State of Rajasthan 1988 W.L.N.(UC) 234. , Madan Mohan v. State of Bihar 1985 Cr.L.J. 1754 , Jagdish Prasad v. State of Rajasthan 1993 R.C.C. 61 , T. Madhusudan v. Superintendent of Police 1992 Cr.L.J. 3442. , B.R. Sinha v. State 1982 Cr.L.J.61 Cal , Heera Bhai v. State of Rajasthan 1992 R.C.C. 358. , and Pritam Singh v. State of Punjab 1980 Cr.L.J. 1174. 3. In reply, it is contended by the learned Public Prosecutor that the said offences have been committed in Maharashtra and the F.I.R. has been registered against the accused-petitioner by the police of P.S. Mangulpeer (Akola, Maharashtra) and as such this Court has no jurisdiction to entertain the petition moved under Section 438, Criminal Procedure Code He places reliance upon 1986 Cr.L.J. 605 (supra). 4. It is not disputed that the police of Police Station Mangulpeer (Akola) (Maharashtra) has sent intimation to the police of P.S. Mandal (Bhilwara) that the petitioner may be required in connection with the aforesaid case. 4. It is not disputed that the police of Police Station Mangulpeer (Akola) (Maharashtra) has sent intimation to the police of P.S. Mandal (Bhilwara) that the petitioner may be required in connection with the aforesaid case. The apprehension of the accused-petitioner that he may be arrested in the aforesaid case cannot thus be said to be unfounded. Section 438, Criminal Procedure Code provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or a Court of Sessions for a direction under this Section. The accused-petitioner is at present residing at Bhagwanpura (Mandal) and as such this Court has, jurisdiction to entertain an application under Section 438, Criminal Procedure Code, In Pradeep Kumar v. State of Rajasthan (supra). Jagdish Prasad v. Stale of Rajasthan, (supra) and Fleera Bhai v. State of Rajasthan, (supra), this Court granted interim bail in similar circumstances. Under these facts and circumstances, the accused-petitioner Pushkar Singh deserves interim bail for twenty days. 5. Accordingly, the application is partly allowed, the accused- petitioner Puskhar Singh will not be arrested for twenty days commencing from today in F.I.R. No. 66/94. P.S. Mangulpeer (Disit. Akola) (Maharashtra) provided he furnishes a personal bond in the sum of Rs. 10,000/- and two surety-bonds in the sum of Rs. 5,000/- each to the satisfaction of the learned Sessions Judge, Bhilwara for his appearance after the expiry of the said 20 days before the Station House Officer, Police Station Mangulpeer (Distt. Akola) (Maharashtra). During this period, he may move the concerned Court in Akola District for his release on bail.Petition allowed. *******