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1996 DIGILAW 226 (DEL)

LAL KRISHAN ADVANI v. STATE OF DELHI

1996-02-29

JASPAL SINGH

body1996
JASPAL SINGH ( 1 ) THIS is an application for exemption from filing certifird copies of annexures. Allowed subject to all just exceptions. Crl. M. (M) 610/96 ( 2 ) THE learned Special Judge after taking cognizance has passed orders for issuance of non bailable warrants of arrest against the petitioner. Consequent upon that order the petitioner has moved this court under Section 438 of the Code Criminal Procedure for grant of bail in anticipation of his arrest. ( 3 ) THAT an order as prayed for can be passed by this Court finds support from a Judgment of full Bench of the Andhra Pradesh High Court in Smt. Sheik Khasim Bi v. The State 1986 Crijj 1303. It was held that in a case where cognizance is taken and process is issued if the court granted anticipatory bail under sub section (1) of Section 438 of the Code, the police officer shall execute the process viz: the warrant, by arresting the accused and procedure him before the Magistrate who shall release him on bail pursuant to the orders of anticipatory bail granted by the High Court or the Court of Sessions. ( 4 ) MR. Lal who has put in appearance on behalf of the State and who has accepted the notice submits that the State has no abjection to the grant of bail to the petitioner on anticipation of his arrest. Consequently and in view of the law laid down by Full Bench of Andhra Pradesh High Court in Sheik Khasim Bi s case (supra) I order that in the event of arrest the petitioner shall be released by the learned Special Judge on bail on his furnishing a personal bond in the sum of Rs. 5000. 00 with one surety in the like amount to his (the learned Special Judge) satisfaction. Intimation of the order be sent. Dasti also. The petition stands disposed of.