Petitioner applied for anticipatory bail in a bail committal proceedings. The court held that with the challan presented, the prayer for anticipatory bail was misconceived.
Arrest stayed pending decision on bail application; surrender to be made within a week of certified copy.
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CRM No. M-13620 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
CRM No. M-13620 of 2009 (O&M) Date of decision: 20.05.2009
Amarjit Kaur ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. IPS Kohli, Advocate, for the petitioner.
Rajan Gupta, J.
Learned counsel for the petitioner submits that initially the case was registered under Sections 366, 506, 120-B IPC. According to the counsel, the petitioner was arrested in the said case and was later released on bail as the challan was not presented within the period prescribed in Section 167 (2) Cr.P.C. Learned counsel has submitted that the challan has now been presented under Sections 366, 506, 120-B and 376 IPC.
In view of the fact that challan has already been presented before the trial court, the prayer for anticipatory bail is misconceived. However, in case the petitioner surrenders before the trial court within a week of receipt of certified copy of this order, his application for regular bail may be decided by the said court within a week thereafter.
However, arrest of the petitioner shall remain stayed till the decision of the bail application.
Disposed of.
(RAJAN GUPTA)
JUDGE
May 20, 2009 'rajpal'
2 issues framed by the court
Whether to grant anticipatory bail when a challan has already been presented.
Whether to stay the arrest of the petitioner pending disposal of the bail application.
Amarjit Kaur
State of Punjab
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
