Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 521

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, J.
Lalita Nayak – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 3270 of 2023
Decided On : 07-02-2023

Advocates Appeared:
Jagdish Chand Dangi, Advocate, Bhuwan Deshmukh, Advocate
Final Result : Disposed Of

Requirement of formal arrest before applying for bail under Section 439 of Cr.P.C.

Headnote:
Bail - Formal Arrest - The court directed the Investigating Officer to complete the formal arrest of the applicant before she could apply for bail under Section 439 of Cr.P.C.
Fact of the Case:

The applicant filed for bail under Section 439 of Cr.P.C. before the Sessions Court, but the application was dismissed as premature because her arrest was not shown in the charge sheet.
Finding of the Court:

The court directed the Investigating Officer to complete the formal arrest of the applicant and produce her before the competent Court before she could apply for bail under Section 439 of Cr.P.C.
Issues: Premature bail application due to lack of formal arrest shown in the charge sheet.
Ratio Decidendi: The court emphasized the requirement for formal arrest before applying for bail under Section 439 of Cr.P.C.
Final Decision: The application was disposed off with a direction to complete the formal arrest of the applicant before she could apply for bail under Section 439 of Cr.P.C.

JUDGMENT

Vivek Rusia, J. - The present application is filed under Section 439 of Cr.P.C. for grant of bail.

2. Before approaching this Court the present applicant filed application under Section 439 of Cr.P.C. before the Sessions Court. Vide order dated 23.01.2023, the learned Sessions Judge dismissed the application as premature because in the charge sheet filed against this applicant her arrest has not been shown.

3. Learned counsel for the applicant submits that he is already in jail and she was formally arrested.

4. Learned Government Advocate submits that there is no formal arrest memo in the entire case diary. There are as many as three criminal cases registered against this applicant and she might be in jail in some other crime, but so far her arrest has not been shown in the case diary till date.

5. This applicant ought to have been formally arrested in this case before filing of the charge sheet so that she may apply for bail under Section 439 of Cr.P.C.

6. In view of the aforesaid this application is disposed off with a direction to the Investigating Officer to complete formal arrest of this applicant and produce her before the competent Court and thereafter the applicant may apply for bail under Section 439 of Cr.P.C.before the trial Court. Let the entire exercise be done within a period of one week.

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