Press Reporter News Service
Chandigarh, September 22
The Punjab and Haryana Excessive Court docket has dominated that anticipatory bail can’t be prolonged to circumstances the place an accused was apprehending arrest attributable to leaping bail. “The scope of 438 CrPC can’t be prolonged to circumstances the place such apprehension of arrest is on account of leaping bail,” Justice Gurvinder Singh Gill dominated.
Referring to the provisions of regulation, Justice Gill asserted an individual could method the Courts below provisions of Part 438 CrPC for grant of anticipatory bail solely when there was a fear of arrest upon an accusation being made — upon the establishment of an FIR, lodging of a grievance or being summoned by the Court docket for the primary time to face trial.
The assertion got here on a petition searching for anticipatory bail concerning a legal grievance below Part 138 of Negotiable Devices Act. The Bench was instructed that his bail was cancelled following the petitioner’s absence earlier than the trial Court docket on July 6, 2019, and on subsequent dates.
Justice Gill added the Court docket couldn’t lose sight of the truth that an accused in sure circumstances may not be capable of seem earlier than the trial Court docket on account of real causes, corresponding to incorrect noting of the date or sure causes past his management.
In such circumstances, the accused might give up earlier than the trial Court docket. It was anticipated that the trial Courts, in flip, would take a lenient view in real circumstances and determine the common bail utility expeditiously.
“In a given set of circumstances the place the trial Court docket is glad that there have been legitimate causes for the absence of an accused and that he has surrendered on the shortest doable time, the trial Court docket can, in reality, eliminate the common bail utility on the very day the identical is introduced by accused upon his give up,” Justice Gill added.
Earlier than parting with the case, Justice Gill added that the trial Court docket, in its discretion, may select to grant interim bail, in match circumstances, however solely after the give up of the accused.