This single judge order made a provision for interim bail under Section 438 Cr.P.C. absolute. The court held that since the petitioners surrendered and furnished interim bail as directed in a prior notice of motion, the interim bail condition was satisfied.
Interim bail furnished by the petitioners before the trial Court was made absolute.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Misc. M- No.18467 of 2010 Date of Decision: September 06, 2010
Pushap Kumar and another
...........Petitioners
Versus
Hans Raj ..........Respondents
Coram: Hon'ble Mrs.Justice Sabina
Present: Mr. Sudhir Sharma, Advocate for the petitioners Mr.A.S.Manaise, Advocate for the respondent
Sabina, J.
Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of anticipatory bail in complaint No. 61 dated 22.2.2008 titled as Hans Raj vs. Dinesh Kumar @ Monu and others under Sections 420/120-B of Indian Penal Code (in short 'IPC') pending in the Court of learned Chief Judicial Magistrate, Gurdaspur
At the time of issuance of notice of motion on July 02,2010, the following order was passed by this Court :-
“Notice of motion for 9.8.2010.
In the meantime, the petitioners are directed to surrender before
the trial Court and the trial Court shall release the petitioners on interim bail subject to its satisfaction.”
Criminal Misc. M- No.18467 of 2010 -2-
Learned counsel for the petitioners has submitted that in terms of the above order, petitioners have surrendered before the trial Court and have furnished interim bail on 5.7.2010.
Accordingly, the interim bail furnished by the petitioners before the trial Court on 5.7.2010 in pursuance of the directions given by this Court is made absolute.
Petition stands disposed of accordingly.
( Sabina ) Judge
September 06, 2010 arya
2 issues framed by the court
Whether the petitioners are entitled to have the interim bail furnished before the trial Court made absolute after compliance with the surrender directions.
What relief is available under Section 438 Cr.P.C. when the conditions of the earlier anticipatory bail order are met.
2 provisions across 2 enactments
Pushap Kumar and another
Hans Raj
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
