1988 Supreme(MP) 623

IN THE HIGH COURT OF MADHYA PRADESH
K.L. SHRIVASTAVA, J.
Om Prakash Patil – Appellant
Vs.
State of M.P. – Respondent
Cr. Misc. C. No. 85 of 1988 (I);
Decided on : 04-02-1988

Headnote:Criminal Procedure Code, 1973 – S.338 – accused bailed out after arrest for all offence under S. 307 I.P.C. – victim died subsequently – entitled to anticipatory bail.

        Short Note

       1. Shri Chouhan, learned counsel for the petitioner submits that in relation to the occurrence in question dated 4 – 10 – 87 Crime No. 77/87 has been registered at P.S. Afzalpur relating to offences under Section 307 I.P.C. and other sections thereof and the present petitioner Omprakash Patil taken into custody in connection with the crime and stands released on bail.

       2. Learned counsel urges that the victim having subsequently died on 22 – 10 – 87, the petitioner reasonably apprehends his re – arrest in connection with the said crime so far as the offence under Section 302 I.P.C. is concerned. He further urges that out of the six accused persons five have already been ordered to be released on anticipatory bail and that the prayer of the present petitioner has been rejected solely on the ground that he is author of the fatal blow.

       3. Held: There is nothing to indicate that the present petitioner in any way mis – used the liberty granted to him and I find that there is no impediment in granting his prayer for anticipatory bail. Reference in this connection may usefully be made to the decision in Motilal v. State of Rajasthan [1988 – 15 Reports (Rajasthan) 216] wherein it has been held that a person arrested for some non – bailable offences and released on bail cannot be re – arrested when a new non – bailable offence is added to his name in the same matter.

       4. I am of the view that on a careful consideration of the totality of the facts and circumstances of the present case, the prayer of the applicant for grant of anticipatory bail deserves to be allowed. 1988 – 15 Reports (Raj.) 216 relied on.

       Application allowed.