In the present case as stated herein above, no proceeding are pending before the learned Magistrate and therefore, petitioner straightway cannot appear and surrender before the learned Magistrate and furnish the bail and request the Magistrate to release him on bail under Section 436 of the Code of Criminal Procedure.

In the case before the Hon’ble Supreme Court, the controversy and the issue at large before the Hon’ble Supreme Court was whether in a ‘proceeding pending’ before the learned Magistrate involving bailable offences an accused appears and surrenders before the learned Magistrate and furnishes the bail and the learned Magistrate releases the accused on bail, whether the complainant is required to be heard or not. To that the Hon’ble Supreme Court has observed and held that in a bailable offence as soon as the accused furnishes the bail, he is required to be released on bail and at that stage the complainant is not required to be heard.

Even otherwise, it is to be noted that in the case before the Hon’ble Supreme Court, the complaint was filed before the learned Magistrate for the offence of defamation and he was charge sheeted and in the said pending proceeding, the accused who was charge sheeted for the offence of the defamation which is bailable offence furnished the bail and he was released on bail by the learned Magistrate.

In the present case as stated herein above, no proceeding are pending before the learned Magistrate and therefore, petitioner straightway cannot appear and surrender before the learned Magistrate and furnish the bail and request the Magistrate to release him on bail under Section 436 of the Code of Criminal Procedure. He has to appear and surrender before the police officer in charge of the police station and furnish the bail and as observed by the learned Single Judge in the case of Ramesh Amritlal Chhatral (supra) and even otherwise considering Section 436 of the Code of Criminal Procedure, on giving/furnishing the bail by the accused, as required by the concerned police officer, an accused is entitled to be released on bail. Therefore, petitioner has to first appear before the police officer in charge of the police station, furnish the bail and as soon as it appears that the accused person is prepared to give bail, such police officer is bound to release him on such terms as to bail as may appear to be reasonable.

Para 9: Shri Nanavaty, learned Senior Advocate appearing on behalf of the petitioner has submitted reasons for the accused straightway to appear before the learned Magistrate and not appearing before the police officer in charge of the concerned police station and furnish the bail by submitting that petitioner has a reasonable apprehension that petitioner shall not be released on bail despite he is ready and willing to offer bail and that he will be taken in police custody and the concerned police officer may apply for remand and/or may arrest the petitioner.

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