This second anticipatory bail petition was dismissed because the petitioner had not sought to revoke the previous anticipatory bail order dated 08.05.2018. The court held that a fresh order cannot be allowed unless the prior one is cancelled.
Bail application dismissed; petitioner directed to appear before the trial court.
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 AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-1068 of 2019 (O&M) Date of Decision: January 14, 2019
Bhagwan Das
......PETITIONER(s).
VERSUS
State of Punjab
....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. J.S. Sandhu, Advocate for the petitioner (s).
SURINDER GUPTA, J.(Oral)
This is second petition filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.25 dated 25.03.2016 registered for the offence punishable under Sections 420 read with Section 120-B of Indian Penal Code, at Police Station Samalsar, Moga, District Moga.
Heard.
Learned counsel for the petitioner submits that after the presentation of challan, non-bailable warrants of the petitioner have been issued by the trial Court.
As the anticipatory bail allowed to the petitioner vide order dated 08.05.2018 has not been revoked or cancelled, no fresh order allowing second anticipatory bail can be allowed. The petitioner will appear before the trial Court and take all the pleas available to him.
With these observations, bail application stands disposed of.
( SURINDER GUPTA ) January 14, 2019 JUDGE Sachin M. Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
SACHIN MEHTA 2019.01.14 17:03 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
2 issues framed by the court
Whether a second petition for anticipatory bail should be entertained when the first order has not been revoked.
Whether non-issuance of a fresh anticipatory bail order is appropriate given the failure to revoke the previous order.
1 provisions across 1 enactments
Bhagwan Das
State of Punjab
Surinder Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
