- Appellant has filed an application praying, firstly, that he be permitted to surrender to the High Court and secondly, for his plea to be considered for grant of bail by the High Court.
- There are no restrictions on the High Court to entertain an application for bail provided always the accused is in custody, and this position obtains as soon as the accused actually surrenders himself to the Court.
- The Sessions Court as well as the High Court, both of which exercised concurrent powers under Section 439, would then have to venture to the merits of the matter so as to decide whether the applicant/Appellant had shown sufficient reason or grounds for being enlarged on bail.
- The impugned Order is, accordingly, set aside. The Learned Single Judge shall consider the Appellant’s plea for surrendering to the Court and dependent on that decision, the Learned Single Judge shall, thereafter,consider the Appellant’s plea for his being granted bail. The Appellant shall not be arrested for a period of two weeks or till the final disposal of the said application, whichever is later. We expect that the learned Single Judge shall remain impervious to any pressure that may be brought to bear upon him either from the public or from the media as this is the fundamental and onerous duty cast on every Judge.
Full Text of Judgment :
24. The concern of the Three Judge Bench in Thakur Ram vs State of Bihar AIR 1966 SC 911, principally was whether the case before them should have been committed to Sessions, as also whether this plea could be countenanced at the stage when only the Judgment was awaited and any such interference would effectuate subjecting the accused to face trial virtually de novo. The observations that where “a case has proceeded on a police report a private party has really no locus standi, since the aggrieved party is the State”, are strictly senso obiter dicta but it did presage the view that was to be taken by this Court later. In Bhagwant Singh vs Commissioner of Police, (1985) 2 SCC 537, another Three Judge Bench formulated the question which required its answer that “whether in a case where First Information Report is lodged and after completion of investigation initiated on the basis of the First Information Report, the police submits a report that no offence appears to have been committed, the Magistrate can accept the report and drop the proceeding without issuing notice to the first informant or to the injured or in case the incident has resulted in death, to the relatives of the deceased”. Sections 154, 156, 157, 173 and 190 of the CrPC were duly considered threadbare, before opiningthus:- “4. ….when, on a consideration of the report made by the officer-in-charge of a police station under sub -section (2)(i) of Section 173, the Magistrate is not inclined to take cognizance of the offence and issue process, the informant must be given an opportunity of being heard so that he can make his submissions to persuade the Magistrate to take cognizance of the offence and issue process…..xxxxxxxxxx