Single judge rejected pre-arrest bail under Section 438 Cr.P.C. in a case of attempted murder and affray, holding it not fit to grant bail despite agency's failure to serve the petitioner, contingent on surrender.
Petition for pre-arrest bail dismissed; plea to be considered if petitioner surrenders within one week.
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.
Crl. Misc. No. M-11256 of 2011 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
Crl. Misc. No. M-11256 of 2011 (O&M) Date of decision : 26.4.2011
Surinder Kaur ...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.S. Chatrath, Advocate for the petitioner.
Rajan Gupta, J. (oral)
This is a petition under Section 438 Cr.P.C. seeking prearrest bail in a case registered against the petitioner under Sections 307, 323, 148, 149, 506 IPC and Section 25/27/54/59 of Arms Act at Police Station Salem Tabri, District Ludhiana, vide FIR No.76 dated 28th April, 2010.
Learned counsel for the petitioner has argued that no offence under Section 307 IPC is made out qua the petitioner and she was never served by the investigating agency, due to which she was declared a proclaimed offender.
I have heard learned counsel for the petitioner and given careful thought to the facts of the case.
The allegation against the accused including the petitioner is that they assaulted Bhola and Parveen Kaur. While husband of the petitioner fired at them, petitioner gave slaps. The investigating agency
Crl. Misc. No. M-11256 of 2011 2
made efforts for the petitioner to join investigation but the same proved futile. Resultantly, she was declared proclaimed offender.
Under the circumstances, I do not find it a fit case for grant of pre-arrest bail to the petitioner. However, in case she surrenders before the investigating agency within a week from today, her plea shall be decided within a week thereafter.
(RAJAN GUPTA) JUDGE
26.4.2011 'rajpal'
2 issues framed by the court
Whether the petitioner is fit for grant of pre-arrest bail having been declared a proclaimed offender.
Whether the investigation agency's failure to serve the petitioner excuses the grant of pre-arrest bail.
2 provisions across 2 enactments
Surinder Kaur
State of Punjab
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
