Research › Search › Judgment

Madhya Pradesh High Court · body

2008 DIGILAW 1039 (MP)

RAJU ALIAS RAJKISHORE v. STATE

2008-08-19

R.C.MISHRA

body2008
Judgment ( 1. ) ARGUMENTS heard. ( 2. ) THE applicant apprehends arrest in connection with Crime No. 160/2008 registered at PS. Kuthala, Distt. Katni in respect of the offences punishable under sections 324 and 294 of the IPC. ( 3. ) LEARNED Counsel for the applicant has contended that the application is maintainable in the light of the amendment of First Schedule to the Code of criminal Procedure making the offence under Section 324 of the IPC as non-bailable. However, a bare perusal of the Ministry of Home Affairs Notification no. S. O. 923 (E), dated 21-6-2006 published in the Gazette of India (Extraordinary) Part II Section 3 (ii), dated 21-6-2006 would reveal that the corresponding provisions of Section 42 (f) (iii) of the Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) has not been brought into effect. ( 4. ) AS an obvious corollary, the offence under Section 324 of the IPC continues to be bailable. The other offence punishable under Section 294 of the ipc is also not a non-bailable offence. ( 5. ) IN this view of the matter, the anticipatory bail application stands dismissed as not maintainable.