2007 ALL MR (Cri) 3510
IN THE HIGH COURT OF JUDICATURE AT BOMBAY(AURANGABAD BENCH)
B.R. GAVAI, J.
Bharat Abhiman Marathe Vs. State Of Maharashtra
Criminal Application No.1022 of 2007
16th April, 2007
Petitioner Counsel: Mr. JOYDEEP CHATTERJI
Respondent Counsel: Mr. S. P. DOUND
(A) Criminal P.C. (1973), S.437 - Bail - Offence under S.409 of IPC punishable with life imprisonment - Bail application to be filed before Sessions Court since Magistrate has no jurisdiction to grant bail. (Para 3)
(B) Criminal P.C. (1973), S.437 - Bail - Offence under S.409 of Penal Code punishable with life imprisonment - Accused can surrender before Sessions Court and avail of remedy of bail. 2005 ALL MR (Cri) 2193 - Rel. on. (Para 4)
Cases Cited:
Balkrishna Dhondu Raul Vs. Manik Motiram Jagtap, 2005 ALL MR (Cri) 2193 [Para 4]
JUDGMENT
JUDGMENT :- This is an application for grant of bail in connection with Crime No.10/2005 registered at Police Station, Thalner (Taluka : Shirpur, District : Dhule) for offence punishable under Sections 406, 409, 420 and 201 of the Indian Penal Code.
2. Mr. S.P. Dound, learned Additional Public Prosecutor appearing on behalf of the respondent, vehemently opposes the application.
3. It can be seen that the F.I.R. was lodged on 18th October, 2005. Charge-sheet came to be filed on 28th June, 2006 and till then, the applicant was not arrested. At the stage of filing of the charge sheet since offence under Section 409 of I.P.C. is punishable with life imprisonment and not within the jurisdiction of the learned Magistrate for grant of bail, the applicant approached the learned Sessions Judge for grant of bail on his surrender. The same came to be rejected vide order dated 12th March, 2007 passed by the learned Ad hoc Additional Sessions Judge, Dhule, on the ground that if every such application is to be entertained, then the learned Sessions Judge will be flooded with such matter.
4. I find that the approach adopted by the learned Ad hoc Additional Sessions Judge was not proper inasmuch as for the offence punishable under Section 409 of the I.P.C., the learned Magistrate could not have granted bail. The applicant was right in approaching the Sessions Court for grant of bail on surrender. This Court in the case of Balkrishna Dhondu Raul Vs. Manik Motiram Jagtap & another (2005 ALL MR (Cri) 2193), has taken a view that the accused named in offences punishable with imprisonment for life can surrender before the Sessions Court and avail of remedy of bail as permissible under provisions of Code of Criminal Procedure. In that view of the matter, I am inclined to allow the application.
5. The applicant is also personally present in this Court so as to ensure his surrender.
6. In the result, the Criminal Application is allowed.
The applicant is directed to be released on bail in connection with Crime No.10/2005 registered at Police Station, Thalner (Taluka : Shirpur, District : Dhule), on his furnishing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount.