The Court held that an application for anticipatory bail is not maintainable since summons have already been issued in the underlying criminal case. The petitioner may surrender within twenty-one days from appearance.
Application for anticipatory bail dismissed; petitioners directed to surrender within twenty-one days if summoned.
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ABLAPL No.9494 of 2016
20.06.2016
Heard learned counsel for the petitioners and learned Additional Government Advocate.
The petitioners have been summoned to answer charges under Sections 341, 294,
323, 354, 379 and 506/34 of the IPC in C.T. Case No.767 of 2011 of the court of learned J.M.F.
C., Soro, arising out of Soro P.S. Case No.388 of 2011. Application for anticipatory bail is n
ot maintainable as summon has already been issued. The learned counsel for the petitioners sub
mits that the offences involved are non-bailable, hence, there is chance of the petitioners be
ing remanded to custody on their appearance. The apprehension is not well founded. This Court
trusts and believes that since the learned J.M.F.C., Soro issued summons to the accused person
s at the first instance. On the event they shall surrender before the learned J.M.F.C., Soro i
n the aforesaid case within twenty-one days, if so advised, the learned Magistrate shall pass
appropriate order.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
.TUDU
S.K. Mishra, J.
2
3 issues framed by the court
Whether application for anticipatory bail is maintainable when summons have already been issued?
Whether apprehension of non-bailable offences warrants anticipatory bail at this stage?
Whether applicants shall be directed to surrender within twenty-one days?
6 provisions across 1 enactments
Petitioners
State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court