Partly allowed

Md. Azam v. The State Of Bihar

Patna HC21 Aug 2013CR. MISC./33336/2013

Case brief

AI extract

What is this about?

The Patna High Court modified an order holding an anticipatory bail petition non-maintainable. It distinguished a previous precedent on the ground of Section 437(1)(i) Cr.P.C. restrictions for life/death penalties, clarifying the lower court's jurisdiction to hear a surrender-bail petition on merits.

What did the court decide?

Modified antecedent order to direct the lower court to dispose of petitioner's surrender-bail petition on merits.

Md. Azam Vs The State Of Bihar — Anticipatory Bail | Patna HC (2013)

¶1

Patna High Court Cr.Misc. No.33336 of 2013 (3) dt.21-08-2013

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶4

Criminal Miscellaneous No.33336 of 2013

¶5

====================================================== Md. Azam S/O Late Md. Sahwan Miyan, Resident of Mohalla- Dargah Karbala, P.S.- Sultanganj, Town & District- Patna (Bihar) .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the State : Mr. J.K.Singh no.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 3 21-08-2013 1. The present petition has been filed for modification of the order dated 26.02.2013 passed by this Court in Cr. Misc. No. 8161/2013, inter alia, holding the anticipatory bail petition of the Petitioner to be not maintainable and directing the Learned Court below to consider the Petitioner’s bail petition in case of his surrender, in the light of 2004 (3) PLJR 491.

¶6

It is stated on behalf of the Petitioner that though he has filed his surrender-cum-bail petition, the Learned Assistant Chief Judicial Magistrate refuses to enlarge the Petitioner on bail and is adamant upon taking him into custody to be released only after verification of the fact of his in fact being on police bail, thereby leaving the Petitioner with little option but to withdraw his surrender-cum-bail petition. 3. On going through the records, it transpires that the order dated 26.02.2013 aforesaid had been passed

¶7

Patna High Court Cr.Misc. No.33336 of 2013 (3) dt.21-08-2013

¶8

¶9

relying on para-7 of the bail application stating that the petitioner was released on police bail, and also upon attention being drawn to the order of the Learned Sessions Judge dated 22.01.2012 noticing para 14 of the case diary to the effect that the Petitioner was on police bail.

¶10

Apparently, the petitioner has been made an accused in a case under section 302/34 I.P.C. which is punishable with life imprisonment or death. Having regard to the provisions of Section 437(1)(i) Cr.P.C., this Court is of the view that the police was not justified in granting bail to the petitioner at the stage of investigation. The attention of this Court was not drawn to the provisions of Section 437(1)(i) Cr.P.C. either by the petitioner or by the learned APP at the time when the main bail application was being disposed of, and came to be noticed only when the modification petition was pressed.

¶11

In view of the aforesaid express statutory provisions as contained in Section 437(1)(i) Cr.P.C., therefore, the decision in 2004 (3) PLJR 491 referred to in the order dated 26.02.2013 is clearly not applicable in the present case.

¶12

The order dated 26.02.2013 is accordingly modified to the extent that in case the petitioner surrenders and seeks bail, the learned court below shall be at liberty to dispose of the matter on its own merits in accordance with law.

¶13

Patna High Court Cr.Misc. No.33336 of 2013 (3) dt.21-08-2013

¶14

¶15

Let the Registry transmit a copy of this order to the learned court concerned through Fax forthwith.

¶16

(Vikash Jain, J)

¶17

P.K./-

Md. Azam v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Azam v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saroj Kumar @ Sanoj Kumar Vs The State Of Bihar

Chandan Prasad Vs State Of Bihar and Anr.

Arvind Mistry and Ors. Vs The State Of Bihar

Ranjay Bind @ Ranjan Bind @ Ranjan Mahton Vs The State Of Bihar

Rameshwar Singh Teacher Training College Vs Magadh University, Bodh Gaya and Ors.

Kanu Kumari Vs The State Of Bihar and Ors.