The petitioner sought anticipatory bail under Section 438 CrPC in a case under Section 138 NI Act. The Court held that since the petitioner surrendered as directed by a prior order, the interim bail furnished before the trial Court is made absolute, dismissing the petition.
The interim bail furnished by the petitioner before the trial Court is made absolute.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 10317 of 2010 (O&M) Date of decision: 22.9.2010
Umesh Kumar
......Petitioner
Versus
Ranjeet
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Parmod Parmar, Advocate, for the petitioner.
Mr.D.P.Gill, Advocate, for the respondent.
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in complaint case No.123 of 2005 under Section 138 of the Negotiable Instruments Act, 1881.
At the time of issuance of notice of motion on 7.4.2010, the following order was passed:-
“Learned counsel for the petitioner has submitted that the petitioner had not been served in the complaint filed by the respondent and has yet been declared a proclaimed offender.
Criminal Misc. No.M- 10317 of 2010 (O&M) -2-
Notice of motion for 23.7.2010.
In the meantime, the petitioner is directed to surrender before the trial Court, the trial Court shall release the petitioner on interim bail subject to its satisfaction.”
Learned counsel for the petitioner has submitted that in terms of the above order, the petitioner has surrendered before the trial Court and has furnished interim bail.
Accordingly, the interim bail furnished by the petitioner before the trial Court, in terms of order reproduced above, is made absolute.
Petition stands disposed of accordingly.
(SABINA) JUDGE
September 22, 2010 anita
1 issue framed by the court
Whether the interim bail granted by the lower court order should be made absolute on the petitioner's surrender.
2 provisions across 2 enactments
Umesh Kumar
Ranjeet
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
