A criminal miscellaneous petition under Section 439(2) CrPC was dismissed. The High Court held that an order granting anticipatory bail serves its purpose once the investigation is completed, and accordingly disposed of the petition seeking cancellation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~35
| SATINDER NATH | MAIRA & AN Through: versus |
R ..... Petitioners Mr. Anshu Mahajan with Mr. Karan Arora, Advocates. |
|---|---|---|
| STATE & ANR CORAM: HON'BLE MR. J |
Through: USTICE R.K.G O R D E R |
..... Respondents Mr. Ashish Dutta, APP for State with SI Ashwani P.S. EOW, Delhi. Ms. Richa Singh, Advocate. for R-2. AUBA |
| % | 11.07.2018 |
The petition at hand sought to assail the order dated 01.09.2015 passed by the court of Sessions on bail application of the second respondent in the context of FIR No. 296/2014 of Police Station EOW, Defence Colony for offences punishable under Sections 420/406/34 IPC. The petitioners have moved the petition under Section 439(2) of Code of Criminal Procedure, 1973 (Cr.P.C.) seeking cancellation of the said order.
It is pointed out by the learned Additional Public Prosecutor that by the order in question the second respondent had been admitted to anticipatory bail during the period of investigation. The investigation has since been completed and a report under Section 173 Cr.P.C. filed in the court of Magistrate where cognizance had been taken. The impugned order, thus, has served its purpose. The second
CRL.M.C. 243/2016
Page 1 of 2
respondent would, undoubtedly, be obliged to apply for regular bail where the petitioners may raise the contentions urged herein.
With these observations, the petition and the pending application are disposed of.
R.K.GAUBA, J
JULY 11, 2018 srb CRL.M.C. 243/2016
Page 2 of 2
1 issue framed by the court
Whether an order granting anticipatory bail should be cancelled post-completion of investigation when it has served its purpose.
1 provisions across 1 enactments
Satinder Nath
Maira
State
R.K. Gauba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
