This bench held that a petition for pre-arrest bail under Section 438 CrPC is not maintainable since the petitioners were already on police bail during the investigation of the case involving SC/ST atrocities.
Disposal of the bail application as not maintainable because the petitioners are on police bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.21119 of 2016 (2) dt.24-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21119 of 2016
Arising Out of PS.Case No. -40 Year- 2015 Thana -SC ST P.S. District- SIWAN
====================================================== 1. Suresh Sharma S/o Nathuni Sharma 2. Shail Devi W/o Suresh Sharma 3. Jula Kumari @ Juman Kumari @ Suman Kumari D/o Suresh Sharma. All resident of village- Hasua, P.S.- Nautan, District- Siwan .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Varma For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 24-05-2016 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek pre-arrest bail in connection with SC/ST P.S. Case No. 40 of 2015 registered under sections 323, 354 of the Indian Penal Code and section 3(i)(x)(xi) of the S.C./S.T. (Prevention of Atrocities) Act.
In view of the fact that during investigation of the case, the petitioners were on police bail, the instant application under section 438 of the Code of Criminal Procedure, 1973 is not maintainable. Accordingly, it is disposed of as not maintainable.
(Ashwani Kumar Singh, J)
Amin/-
U
2 issues framed by the court
Whether an application for pre-arrest bail is maintainable when the petitioner is already on police bail.
Whether an application under Section 438 CrPC is maintainable in a case where the accused is on investigation bail.
4 provisions across 3 enactments
Suresh Sharma and ors.
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
