The High Court denied anticipatory bail under Section 438 CrPC in an N.D.P.S. case due to the nature of offences. The Court directed the Special Judge below to expeditiously decide any subsequent bail application the petitioner might file.
Anticipatory bail application dismissed. Leave granted to apply for regular bail before the Special Judge Kuchinda.
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ABLAPL No.5338 of 2015
17.07.2015 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 438 of the Code of Criminal Procedure, 1973.
The petitioner is an accused in T.R. Case No.6 of 2015 on the file of learned Additional
Sessions Judge-cum-Special Judge, Kuchinda registered under Section 20(b)(ii)(C) of the N.D.P
.S. Act.
Considering the alleged nature of offences, I am not inclined to extend the benefit of a
nticipatory bail.
However, the petitioner is at liberty to approach the learned Additional Sessions Judge-
cum-Special Judge, Kuchinda and in the event of filing of bail application by the petitioner,
the learned court would do well to dispose of the same in course of the day.
The Bail Application is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
2
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 CrPC given the alleged nature of offences.
How the concerned court below should dispose of any subsequent bail application filed by the petitioner.
2 provisions across 2 enactments
Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court