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VIVEK RUSIA
Lalita Nayak – Appellant
Versus
State of Madhya Pradesh – Respondent
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 a
Requirement of formal arrest before applying for bail under Section 439 of Cr.P.C.
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 a....
The court has the discretion to dismiss a bail application if not pressed at a certain stage, while granting liberty to file a fresh bail application after certain developments in the case.
Criminal Conspiracy - Grant of Bail - Petitioner was not ready to furnish her bail bond after expiry of statutory period of sixty days and thus would be entitled to be released on bail, though said a....
An accused entitled to default bail under Section 167(2) is not required to explicitly state this in their application, provided they demonstrate readiness to furnish bail bonds after the statutory p....
The court's decision to grant bail was based on the prosecutrix's statement supporting the applicant and her disclosure of her age as 20-21 years, despite the State's opposition based on the age reco....
The court can grant anticipatory bail even when non-bailable warrants are issued, particularly when additional graver charges arise, emphasizing exceptional circumstances and process respect.
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