TaxTMI 
TaxTMI 
1978 (4) TMI 246
X X X X Extracts X X X X
X X X X Extracts X X X X
....de of Criminal Procedure. Effective order has been made to this effect rejecting Miscellaneous Criminal Application No. 22 of 1978, while there is no effective application with regard to order made in Miscellaneous Criminal Application No. 21 of 1978. Upon the first rejection, the State has moved these two separate petitions. 2. It is not necessary in these two applications to examine in closer details the validity of the orders made by the learned Additional Sessions Judge rejecting the application of the State for cancellation of the Orders under Sections 438 as premature both for the State as well for the accused, written Purshis has been filed that these Miscellaneous Criminal Applications should be disposed of on merits and the same....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of M.P. A.I.R.[1977] S.C. 366, for it does appear that before making the order the learned Judge did not issue notice to the State nor the order records any reason as to why it was not possible to serve the notice on the State. Moreover, from the order it is apparent that it merely records that there was reasonable apprehension in the mind of the applicants that they might be arrested but it does not record any finding as to why anticipatory bail order is necessary or being made. The provisions of Section 438 are not to be mechanically applied. They operate upon the reasonable apprehension of having been concerned with the commission of non-bailable offence and require the Court to make an order consistently to indicate the reasons as to w....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... its exercise arises. By its very nature such orders of bail do not possess irreversible finality. Law does not inhibit cancellation or revocation of such orders. In this context when Section 438 permits of making of an order and order is made granting anticipatory bail, it is implicit that the Court making such an order is entitled upon appropriate consideration to cancel or recall the same. It is not necessary for such purposes to find out any further specific provision conferring power of cancellation. That in fact flows from the very character of enabling power so enacted. The term 'bail' connotes security for prisoner's appearance and its effect is simply the temporary release of the person pending trial. 5 Further scrut....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sed of offences to bail, the provisions of this Sub-section are clearly attracted. Moreover, the phraseology available in the Sub-section using the words like "has been released on bail" will have to be understood in the context of orders that are liable to be made and are made under the provisions of the entire Chapter. Specifically these being the provisions of Sections 436 to 439(1), Section 439 being inclusive, it is obvious that the power conferred by Sub-section (2) is intended to be operative upon and over all types of orders of bail made under the Chapter. In the matter of anticipatory bail and its contest stage of arrest will not necessarily precede and yet the person in whose favour such an order is made would be a person who has ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....been admitted to the anticipatory bail is really a person who answers the terminology in the sense that he has been released on bail under this Chapter. 6. It is not possible to introduce and read the phrase as "who has been released on bail after his arrest under this Chapter". That would require an addition not necessary and would curtail the scope of the section. Reasonable reading of the words in the context of the provisions of Section 438 and other provisions merely indicate the person in whose favour order of bail has been made. If we are not to give this meaning, then cases would arise where after obtaining the orders under Section 438(1), the persons accused of offences may avoid the arrest or processes of bailable warrants issu....