Final Order 9

Order Details: COPY OF ORDER
Pdf Text: Bail application No. 611/2023
FIR No. 04/2021
PS EOW
State v. Ramesh Chand Arora
13.07.2023
Present: Sh. Manoj Kumar, Ld. Substitute PP for State alongwith
SI Manoj Kumar.
Sh. Abhinan Garg, Sh. Dhruv Pande and Sh. Kaushaljee,
Ld. Counsels for accused/applicant.
This is regular bail application moved on medical
grounds in terms of section 439 Cr.P.C.
However, during the course of arguments it is submitted
that Ld. CMM vide order dated 05.07.2022 granted interim bail for six
weeks when an application u/s 437 Cr.P.C was moved before that
court. Accused is facing trial in a case which is otherwise Magistrate
triable matter arising out of FIR no. 119/2021 of PS EOW, u/s
409/420/120B IPC as well as FIR no. 04/2021 of PS EOW, u/s
406/420/120B IPC.
It is matter of record undisputed fact even from the
prosecution that accused has been granted interim bail from time to
time. It has also submitted by IO that medical documents prescribed
by the doctor for heart transplantation of the accused has been duly
verified by the IO. In such situation, I find that Ld. Addl. PP for the
State has rightly pointed out that accused/applicant ought to have
moved an application in terms of section 437 Cr.P.C. seeking for
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regular bail on medical grounds. It is upon declining of the same, the
cause of action for filing application u/s 439 Cr.P.C before Ld. ASJ
can arise.
It is submitted by Ld. Counsel that earlier he had moved
an application seeking regular bail on medical grounds before Ld.
CMM. However, Ld. CMM had granted only interim bail vide order
dated 14.03.2023 in FIR no. 04/2021.
Since perusal of relevant orders do not show that Ld.
CMM has given a specific finding declining the regular bail
application relief to the accused/applicant. In such situation, when
accused/applicant has remedy available for invoking section 437
Cr.P.C. for even regular bail, it is only when such relief is for any
reason not granted by Ld. CMM, accused/applicant can approach the
court of Session u/s 439 Cr.P.C. Therefore, Ld. Counsel for the
accused is required to move appropriate application before ld. CMM
seeking for regular bail on medical grounds which of course Ld.
CMM is required to decide on merits giving this way or that way
specific finding regarding disposal of the application.
Accused/applicant is already on interim bail till 25.08.2023.
Therefore, in the meantime he can move an application seeking for
regular bail relief before Ld. CMM.
With these directions, application stands disposed off.
(Shailender Malik)
Link Judge/ASJ-03/PHC/ND/13.07.2023
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