The main legal point established in the judgment is that applicants should generally approach the Sessions Court first for bail applications under Section 438 or 439 of the Code, unless exceptional and compelling circumstances exist.

ORDER :

1. This application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “the Code”) with a request that the applicant be enlarged on regular bail in connection with the FIR being C.R. No.I-1 of 2019 registered with Ahwa Police Station, Dang for the offenses punishable under Sections 406, 409, 34, 120B of the Indian Penal Code, under Section 3 of GPID Act, 2006 and under Sections 4, 5, 6 of the Price Chits and Money Circulation Schemes (Banning) Act.

2. Heard learned advocate Mr.Mihir Pathak for the applicant and learned Additional Public Prosecutor Mr.Ronak Raval for the respondent State.

3. Learned advocate for the applicant submitted that the applicant is shown as accused No.2 in the aforesaid FIR. Initially, he has joined as an employee in the company in question, however, thereafter, he was appointed as a Director. It is submitted that the applicant has been falsely implicated in the FIR in question. Learned advocate has referred to the counter of the charge-sheet, which is placed on record at page no.21.

4. At this stage, learned APP Mr.Raval has pointed out from the records that the applicant was arrested in connection with the aforesaid FIR and therefore, he filed application being Criminal Misc. Application No.77 of 2019 before the Sessions Court. The Sessions Court rejected the said application vide order dated 23.05.2019. Copy of the said order is placed on records at page no.46. It is submitted by learned APP that the applicant thereafter, filed an application before this Court being Criminal Misc. application No.10554 of 2019. It is submitted that during the pendency of the said application, the charge-sheet was filed and therefore, the learned advocate appearing for the applicant sought permission of this Court to withdraw the said application with a liberty to file fresh application before the concerned trial court and this Court has therefore, granted permission to the applicant to file application before the Sessions court. Learned APP, at this stage, however, submitted that thereafter, the applicant has not approached before the Sessions Court and after a period of more than two and half years, now, directly the present application has been filed.

4.1 Learned APP therefore, urges that this Court may not entertain this application, as the applicant has, without filing application under Section 439 of the Code before the Sessions Court, directly filed the present application. Learned APP, at this stage, also contended that various FIRs have been filed against the present applicant at different places and therefore, looking to the antecedents of the applicant also, this Court may not entertain this application. Learned APP further submitted that serious allegations are levelled against the present applicant, and it is pointed out from the affidavit filed by the Investigating Officer before the Sessions Court and from the counter of the chargesheet, which is placed on records, that there are number of victims. Learned APP therefore, urges that this application may not be entertained.

5. At this stage, learned advocate Mr.Pathak appearing for the applicant submitted that it is true that this Court has permitted the applicant to file application before the Sessions Court under Section 439 of the Code after filing of the charge-sheet, however, as this Court is having concurrent jurisdiction to entertain the bail application under Section 439 of the Code, and therefore, the applicant has directly filed this application and this Court may entertain this application on merits.

6. Having heard the learned advocates appearing for the parties and having gone through the material placed on records, it would emerge that the applicant has been arrested in connection with the aforesaid FIR, he is shown as accused No.2. After his arrest, the applicant filed application under Section 439 of the Code before the concerned Sessions Court. The said application was dismissed by the by the Sessions Court vid