STATE Vs. MANGILAL SHANKARLAL JAISWAL

JUDGEMENT

(1.) THIS is an application which is moved by the learned Government Advocate, for cancellation of a bail granted to the accused by the District Magistrate, Mandsaur, on 5th July 19s1, on the ground that the learned District Magistrate granted an anticipatory bail which is not warranted by law.

(2.) MR. Karanjkar counsel for the non-applicants has filed a copy of an order of the Sessions Judge, Mandsaur, dated 2. 11. 51 which shows that both the non-applicants wore released on bail after their appearance before the Sessions Judge. In view of this later order, it is argued that this application loses much of its force. But the point being one of general importance, I may state that in case No. 10-11 of 2003, Criminal Provision Judicial Committee, Huzar Darbar Gwalior, reported in the Gwalior Law Reporter 340 of 2003, June 1947, I had occasion to consider the proposition of an anticipatory bail and, after giving my reasons in, detail, I came to the conclusion that it could be granted. I adhere to the same view and do not consider that the order of the District Magistrate Mandsaur, can be challenged on the mere ground that he granted the bail before the actual arrest of the accused.

(3.) IT seems that the learned Government Advocate requested the Hon'ble the Chief Justice (Mr. P. K. Kaul) now retired, to refer this question for the consideration of a Full Bench. But he did not do so, and, I am inclined to think that he agreed with my views on the subject and in consequence considered it futile to refer it to a Full Bench, as requested by the learned Government Advocate.