Single-judge oral order dismissing a maintainable petition for pre-arrest bail. The Court held that a proclaimed offender under Section 82 Cr.P.C. is not entitled to pre-arrest bail. Petitioner was allowed to withdraw the petition which was then dismissed as withdrawn.
Petitioner allowed to withdraw the petition; petition dismissed as withdrawn.
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.
CRM-M- 7504 of 2021 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M- 7504 of 2021 (O&M) Date of decision : 17.2.2021
Arvinder Pal Singh
................Petitioner
vs.
Gurmeet Singh
.................Respondent
Coram: Hon'ble Mr. Justice H. S. Madaan
Present: Mr. Vishal Goel, Advocate for the petitioner.
H. S. Madaan, J. (Oral)
Case taken up through video conferencing.
This petition for pre-arrest bail has been filed by petitioner Arvinder Pal Singh, an accused in a criminal complaint under Section 138 of the Negotiable Instruments Act, filed by Gurmeet Singh, against him, in which he has been declared as a proclaimed offender by the Court of JMIC, Patiala.
In view of the the Apex Court authorities State of Madhya Pradesh vs. Pradeep Sharma 2014 (2) RCR (Criminal) 269 and Lavesh vs. State (NCT of Delhi) 2012 (4) RCR (Criminal) 240, a
proclaimed offender being absconder, in terms of Section 82 Cr.P.C., is not entitled to the discretionary relief of pre-arrest bail.
BANITA CHUGH 2021.02.17 11:35 I agree to specified portions of this document
CRM-M- 7504 of 2021 -2-
Therefore, the present petition is not maintainable. The proper course for the petitioner is to surrender in the trial Court, apprise it of all the facts and circumstances and then pray for grant of regular bail.
At this stage, learned counsel for the petitioner states that he be permitted to withdraw the present petition. Allowed.
Dismissed as withdrawn.
( H.S. Madaan ) 17.2.2021 Judge
chugh
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
BANITA CHUGH 2021.02.17 11:35 I agree to specified portions of this document
3 issues framed by the court
Whether a proclaimed offender is entitled to pre-arrest bail under section 82 Cr.P.C.
Whether the petition for pre-arrest bail filed by a proclaimed offender is maintainable
Whether the petitioner be permitted to withdraw the present petition
Colour shows how this judgement treated each authority
State of Madhya Pradesh vs. Pradeep SharmaRelied on¶14
State of Madhya Pradesh vs. Pradeep Sharma 2014 (2) RCR (Criminal) 269
Lavesh vs. State (NCT of Delhi)Relied on¶14
Lavesh vs. State (NCT of Delhi) 2012 (4) RCR (Criminal) 240
2 provisions across 2 enactments
Arvinder Pal Singh
Gurmeet Singh
H. S. Madaan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
