Criminal Writ Petition for recalling an interim bail order was dismissed. The court clarified that the interim order did not amount to a substantive bail order under CrPC sections 437, 438, or 439.
Petition for review/recall of interim order dismissed with clarifications regarding the legal status of the interim order.
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.
Cr. W.P. 560 of 2009
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr. W.P. 560 of 2009
DATE OF DECISION 25.5.2009
Om Parkash Khosla
......PETITIONER
VERSUS
State of Punjab and ors.
......RESPONDENTS
PRESENT: Mr. AR Sidhu,Sr.Advocate with Mr. Rajesh Narg, Advocate.
M.M.S.BEDI,J.
The instant petition has been filed for recalling order dated 14.8.2008 (Annexure P-1) granting an interim relief to respondent No.2 Minesh Devendra Shah directing that he would be released on bail on furnishing bail bonds to the satisfaction of the learned Sub Divisional Judicial Magistrate Batala/ Duty Magistrate.
Learned counsel for the petitioner has submitted that the petitioner- complainant had filed a complaint against respondent No.2. He was arrested pursuant to the arrest warrants from Bombay. It has been contended that the interim release was ordered by this court and Minesh Devendra Shah was released on interim bail by the Judicial Magistrate, Ist Class Batala on 15.5.2008, adjourning the proceedings till 21.8.2008 for awaiting the further orders from the High Court. On 17.10.2008, the wife of Minesh Devendra Shah had withdrawn the petition.
Learned counsel for the petitioner has requested for recalling of the interim order on the ground that the accused has been able to abuse
Cr. W.P. 560 of 2009
2
the process of the court in the garb of the interim order, which was obtained on the ground that the Settlement Commission had granted immunity to Minesh Devenera Shah whereas, as a matter of fact, the subject matter of the proceedings in the Settlement Commission and that of the complaint u/s 156(3) Cr.P.C. are different. Attention has been drawn to the order dated 24.2.2009 (Annexure P-9) passed by the learned S.D.J.M. Batala, wherein it has been observed that after having been released on bail, the accused has not come present in the court for a single day nor he has joined the investigation in the case registered against him. The statement of ASI Bishambar Dass has been recorded by the Judicial Magistrate on 24.2.2009 (Annexure P-9). After going through all the facts and circumstances of this case, it appears that the order passed by this court on 14.8.2008 (P-1) was only an interim order. After taking advantage of the said interim order, the wife of the accused withdrew the said petition, as such no opinion was expressed by this court regarding the subject matter of the Settlement Commission or the right of her husband to be released on bail as per the provisions of Sections 437,438 and 439 Cr.P.C. It was for respondent No.2 Minesh Devendra Shah to avail the remedy u/s 437 Cr.P.C. by adopting the due procedure of law. It was also open to him to avail the remedy u/s 438 Cr.P.C. It is pertinent to observe here that the interim order passed by this court on 14.8.2008 cannot be deemed to be an order u/s 439 Cr.P.C.
The interim order dated 14.8.2008 was challenged by the petitioner before an Apex Court but the said petition had been withdrawn with liberty to take recourse to appropriate proceedings as are available to the petitioner in accordance with law.
Cr. W.P. 560 of 2009
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In view of the what has been discussed above, the petition for review of the interim order dated 14.8.2008 (P-1) is hereby dismissed with the following clarifications:-
May 25 ,2009 TSM
Om Parkash Khosla
State of Punjab
Minesh Devendra Shah
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
