The Court allowed the exemption application and dismissed the anticipatory bail application held not maintainable. The offence under the Essential Commodities Act is cognizable but bailable, precluding relief under Section 438 Cr.P.C. for non-bailable offences.
The instant anticipatory bail application is not maintainable and is disposed of accordingly.
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Neutral Citation No. - 2023:AHC:136069
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6138 of 2023
Applicant :- Sughar Lal Pal Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
therefore, the Application under section 438 Cr.P.C. for grant of anticipatory bail under this Section is not maintainable. It is pertinent to mention here that there is a specific provision under section 438 Cr.P.C. (U.P. Amendment) wherein it is provided that where 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 the Court of Session.
Order Date :- 11.7.2023 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether an anticipatory bail application under Section 438 Cr.P.C. is maintainable when the offence under Sections 3/7 of the Essential Commodities Act is cognizable but bailable.
Whether the non-maintenance of an anticipatory bail application in a bailable offence renders the same untimely or voidable.
2 provisions across 2 enactments
Sughar Lal Pal
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
