VASANT VINAYAK BHAGWAT Vs. STATE

JUDGEMENT

(1.) THE petnr. is under trial on charges of criminal breach of trust as a public servant. He was arrested on 10 -9 1949. Applns. for bail were rejected by the Ota. below & on 910 1949, a petn. was made to this Ct. The challan had not been submitted when the previous applns. were made & on 11th November the learned Counsel withdrew the petn. in this Ct. as the presentation of challans was then imminent & it was considered proper that an apple, should be made initially in the trial Ct. after the presentation. Five challans were put up on 21st November 1949 & numbered 388, 389, 390, 394 & 399. Out of these three viz. 388, 394 & 399 have been consolidated for convenience. The accused applied for bail in all these cases but the appln. was rejected by the learned Sub divisional Mag., Neamnch, & the petnra. has come up to this Ct. with three petns. under S 498, Cr. P.C. This order will dispose of the three petns.

(2.) A preliminary objection is raised by the learned Govt. Advocate that Section 498, Cr. P.C. gives concurrent powers to the H, C. & the Ct. of Session; & while not denying the powers of this Ct. to deal with the mutter he made a strong plea that the practice of this Ct. not to entertain such a pet a unless the subordinate Ct of concurrent jurisdiction has been approached in the first instance may not be departed from. It was conceded by the petnr's learned Counsel that in ordinary circumstances the objection was unanswerable; but, he contended that the learned Sea. J. had rejected the previous petn. on the ground that the offence was of a nature which would not admit of the petnr's release on bail; & at the present stage the approach to the Cess. J. in the first instance would have been a mere formality which in the circumstances of the case ought to be dispensed with. The petnr. was in custody possibly for justifiable reasons tot over two months before the challans was presented & it is conceded that the matter in issue involves going into accounts of a large magnitude. The petnr's learned Counsel brought to my notice the long time taken in the examination of a single witness & made a plea for elimination of the delay involved in an approach to the Sea. J. which in view of his previous order must needs be futile. I think that there is considerable force in this plea & shall proceed to consider the propriety of the patnr's prayer for release.

(3.) I direct that the accused be released on fata furnishing a bond for appearance with one one more sureties in a sum of Rs. 50,000 (fifty thousand) to the satisfaction of the trial Ct.