Petitioner is the accused in Crime No.714/2010 of Bakel Police Station registered for the offence under Section 328 of Indian Penal Code. 2. Heard learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned counsel for the petitioner submitted that the petitioner had appeared before the court and was enlarged on bail. Later he could not appear due to unavoidable circumstances. Now warrant is pending against him. Learned counsel submitted that the learned Magistrate may be directed to consider the bail application on the date of petitioner's surrender.
Therefore, petition is allowed. In the event the petitioner surrenders and moves for a regular bail, leaned Magistrate shall consider the bail application on merits on the date of surrender itself.
Crl.M.C is disposed of as above.
vgs
A.HARIPRASAD, JUDGE