Petitioner sought anticipatory bail under Section 438 CrPC in a Section 15 NDPS Act case. Court refused bail as the petitioner was declared a proclaimed offender, finding no grounds for concession. Petition dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.53498-M of 2006 Dt. Of Decision. 5.09.2006
Jarnail Singh @ Jaila ...Petitioner
Versus
State of Punjab.
...Respondent
CORAM HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Navdeep Singh, Advocate for the petitioner.
** ***
AJAI LAMBA, J (ORAL)
This is a petition under Section 438 of the Code of Criminal Procedure for bail in a case lodged under Section 15of the NDPS Act.
On perusal of the record, I find that the petitioner was declared proclaimed offender vide order dated 6.5.2006. Considering the nature of the case and the fact that he was declared proclaimed offender, no ground for grant of concession of bail under Section 438 of the Code of Criminal Procedure is made out.
Petition is dismissed.
Sep. 05, 2006 ( AJAI LAMBA ) mamta JUDGE
2 issues framed by the court
Whether bail under Section 438 CrPC can be granted when the petitioner has been declared a proclaimed offender.
Whether a ground for concession of bail exists in a case where the accused is declared a proclaimed offender.
2 provisions across 2 enactments
Jarnail Singh @ Jaila
State of Punjab
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
