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2003 DIGILAW 728 (PNJ)

Sher Singh v. Suraj Bhan

2003-05-15

VIRENDER SINGH

body2003
JUDGMENT Virender Singh, J. - Sher Singh son of Amar Singh, the petitioner herein, is seeking anticipatory bail in a complaint case filed against him by Suraj Bhan respondent under Sections 324/452/506 read with Section 34 Indian Penal Code and under Section 25/54/59 of Arms Act, pending in the Court in Sub Divisional Judicial Magistrate, Amloh, District Fatehgarh Sahib. 2. Without entering into detailed discussion, it may be mentioned here that the petitioner had earlier moved this Court for the same relief vide Criminal Misc. No. 17797-M of 2003. The same was disposed of by this Court on April 29, 2003 with the following observation :- "Heard. The petitioner is directed to appear before the trial Court and apply for regular bail. If this bail is rejected, then he be not arrested for a week. A copy of the order be given dasti by the Bench Reader under his signatures. Crl. Misc. Petition is disposed of accordingly." 3. The petitioner thereafter, moved an application for regular bail and the same has been ejected by the SDJM, Amloh on 8.5.2003. The learned trial Court passed the following order :- "Complainant in person with counsel. Accused Sher Singh with counsel. Heard. Offence alleged to have been committed by the accused is serious in nature. If he is granted the concession of bail, the accused is likely to influence the PWs and will also tamper with prosecution evidence. As such, no ground for releasing accused Sher Singh on bail is made out and the application stands dismissed. As per Honble High Court order dated 29.4.2003, applicant Sher Singh is given 1 weeks time to try his luck in the appellate Court, failing which, he shall surrender in this Court on 16.5.2003. Come up on 12.6.2003 dated already fixed for service of remaining accused." The petitioner thereafter filed an appeal against the order or rejection dated 8.5.2003 and the same has been dismissed vide Annexure P-4, on the ground that Section 372 of Criminal Procedure Code clearly bars the appeal. 4. The petitioner has thus filed the present petition in this Court. 5. I have heard Mr. K.S. Sidhu, learned counsel for the petitioner and have also gone through the entire file. 6. Mr. 4. The petitioner has thus filed the present petition in this Court. 5. I have heard Mr. K.S. Sidhu, learned counsel for the petitioner and have also gone through the entire file. 6. Mr. Sidhu with great vehemence has argued that since the petitioner is not taken in custody in terms of the order dated 29.4.2003 passed by this Court, his application under Section 438 Criminal Procedure Code is again maintainable on the same facts. 7. The arguments advanced by Mr. Sidhu are totally misconceived. As per order dated 29.4.2003, the application for anticipatory bail of the petitioner was disposed of with the direction that he would apply for regular bail. In consequence of that order, he thereafter applied for the regular bail and the same was also dismissed. Certainly against that order the appeal was not maintainable. The proper course open to the petitioner was to move another application before the Sessions Court for regular bail which is not done by him. So far as other direction to the effect that he would not be arrested for a week even after the rejection of the bail was just a concession to the petitioner in the shape of an outer limit of seven days for adopting the legal course open to him. In my view, the moment the petitioner had applied for regular bail before the concerned Court, he lost his right of anticipatory bail then and there. The petitioner thus cannot ask for the relief of anticipatory bail once again on the same grounds. 8. Consequently, the present petition is dismissed being devoid of any merit. The petitioner shall immediately surrender before the concerned Court, if well advised, at once as the time limit of one week expires today itself. Copy of the order be given dasti under the signatures of Court Secretary. Petition dismissed.