The standard procedure requires magistrates to expeditiously consider bail applications on their merits, regardless of circumstances leading to the applicant's absence.

ORDER

The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.3(2)(e) of the PDPP Act read with Sec.149 of the IPC. According to the petitioner, his name was not mentioned in the FIR. He was a student of the University at the relevant time. He had absolutely no knowledge that such proceedings were initiated against him. The petitioner had secured employment and had taken up employment in Jamshedpur. It is now that he realises that there is such prosecution pending against him. Reckoning him as an absconding accused, the learned Magistrate has issued a non-bailable warrant of arrest against the petitioner. The petitioner apprehends imminent arrest in execution of such process.

2. According to the petitioner, he is absolutely innocent.

His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate.

3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339).

4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself.

5. Hand over a copy of this order to the learned counsel for the petitioner.