Madhya Pradesh High Court
Prema Bai W/O Ram Shankar And Ors. vs State Of Madhya Pradesh on 19 September, 1990
Equivalent citations: 1993(0)MPLJ402
ORDER K.K. Varma, J.
1. Applicants by Shri V.K. Sexena, Advocate.
2. State by Shri C.S. Dixit, Dy. Government Advocate.
3. The learned Sessions Judge, Guna, erred in thinking that he had no jurisdiction or power to consider the applicants' application under Section 438(1), Criminal Procedure Code.
4. The present applicants apperehend their arrest in Criminal Original Case No. 480/90, registered on a Police report before the Chief Judicial Magistrate, Guna, under Section 498A, Indian Penal Code, and Sections 3 and 4 of Dowry Act. The offence punishable under Section 498Ais admittedly a non-bailable one. The Magistrate has taken cognizance of the case. It seems that the Police described the applicants as absconding accused persons. The Magistrate ordered issue of warrants of arrest. Accordingly, non-bailable warrants of arrest were issued against applicants Prema Bai (aged 65 years), Ragini (aged 32 years), Mandakini (aged 35 years), residents of Dibiapur, District Etawah (U.P.) and against Madhu Gupta (aged 30 years) of Banaras (U.P.).
5. On the aforementioned facts, the learned Sessions Judge had the jurisdiction to consider the bail application and that it is clear that in the event the application had been granted, the Magistrate was bound to issue a bailable warrant in conformity with the direction of the Court of Session under Sub-section (1) of Section 438, Criminal Procedure Code.
6. In the aforementioned circumstances, I allow the bail application under Section 438(1), Criminal Procedure Code.
7. The learned Chief Judicial Magistrate, Guna, is directed to recall the non-bailable warrants of arrest issued against the present applicants and to issue warrants of arrest bailable in the sum of one thousand rupees with one surety in the like amount in each case for their appearance before him.
8. The handling of the case by the learned Chief Judicial Magistrate, Guna, calls for a word. He did not bear in his mind that the offence was punishable for imprisonment for 3 years and the case was triable by him. In such a case, issue of a non-bailable warrant of arrest in the first instance, and that too. without recording any special reason, gives the impression that the learned Magistrate did not realise the gravity of issuing non-bailable warrants of arrest against the ladies belonging to a middle-class family residing in the Districts of Etawah and Banaras (U.P.). It was a case where bailable warrants of arrest should have been issued in the first instance looking to the nature of the offence coupled with the fact that the applicants were ladies.
Two copies of this order be sent to the Sessions Judge, Guna, one for himself and one for the record of the Chief Judicial Magistrate, Guna.