Single judge order dismissing the petitioner's withdrawal prayer. The court issued detailed guidelines mandating that petitioners seeking bail or quashing relief must disclose their status in other cases, bail records, and proclaimed offender history in a standard format before courts.
Petitioner permitted to withdraw the present bail petition.
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.
Criminal Misc. No. M- 12816 of 2011
(1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M- 12816 of 2011 (O&M) Date of decision: 26.7.2011
Darbara Singh
.. Petitioner
v.
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Vikas Bahl, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab.
Rajesh Bindal J.
Prayer in the present petition is for grant of bail pending trial in FIR No. 30 dated 13.5.2010, registered under Sections 394, 120-B IPC, Police Station, Meharban, District Ludhiana.
Learned counsel for the petitioner submitted that two more cases are pending against the petitioner, whereas learned counsel for the State submitted that the petitioner is involved in five other cases.
On this statement having been furnished by learned counsel for the State, learned counsel for the petitioner submitted that he may be permitted to withdraw the present petition at this stage. Ordered accordingly.
In many cases, situation arises where a petitioner seeking relief of pre-arrest bail, regular bail, suspension of sentence or quashing of FIR/complaint, does not disclose to the court as to whether he is involved in any other case or not; whether he was ever declared proclaimed offender in any other case or he is at present on bail in any other pending case.
Criminal Misc. No. M- 12816 of 2011
(2)
Instances have also come before the court where accused in a case was also involved in cases registered against him in other States and in some cases he was declared Proclaimed Offender as well. The State may also not have complete information regarding that or many times may not produce the same before the Court. The past record of a person concerned in a case pending investigation or trial or a convict is always relevant for consideration of his claim for bail, suspension of sentence or for quashing of FIR/complaint, namely - as to whether he is on bail in any pending case and whether in any case the petitioner has been convicted and the sentence has been suspended. It is not required to be done only in the cases which are filed before this court, rather, this is required to be furnished even in an application for similar reliefs to be filed before the courts below.
It would be appropriate if the petitioner praying for pre-arrest bail, regular bail, suspension of sentence during pendency of the appeal/ revision, quashing petition or in any other allied proceedings either in this court or in the courts below is required to furnish the following information in the paragraph immediately preceding the prayer clause:
of justice.
Let the matter be placed before Hon'ble the Acting Chief Justice for circulation to all the District & Sessions Judges in the States of Punjab and Haryana and Union Territory, Chandigarh. This be also brought to the notice of the members of the High Court Bar Association
Criminal Misc. No. M- 12816 of 2011
(3)
and also the Bar Associations in both the States of Punjab and Haryana and Union Territory, Chandigarh. A copy be also sent to the Secretary, Bar Council of Punjab and Haryana and Director, Chandigarh Judicial Academy.
26.7.2011 mk
(Rajesh Bindal) Judge
2 issues framed by the court
Whether there is a need to standardize the information petitioner must furnish regarding pending cases or bail status when seeking bail or quashing relief.
Whether the practice of disclosing pending cases, bail status, and proclaimed offender history should be made mandatory for all bail applications.
Darbara Singh
State of Punjab
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
