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2025 DIGILAW 1034 (GAU)

Sarabjit Singh Virdi @ Sarbjit Singh Virdi Son of Shri Lakhbir Singh Virdi v. State of AP represented by the PP of AP

2025-06-16

BUDI HABUNG

body2025
ORDER : BUDI HABUNG, J. Heard Mr. P. Sarma, learned counsel for the applicant and Mr. T. Ete, learned Addl. Public Prosecutor for the State of Arunachal Pradesh. 2. The applicant Shri Sarabjit Singh Virdi filed this application under Section 482 of the BNNS, 2023, seeking grant of pre-arrest bail apprehending his arrest in connection with Chimpu P .S. Case No.86/2024, under Sections 420/34 of the IPC. 3. Earlier by an order dated 22.05.2025, the accused applicant was granted interim anticipatory bail by this Court on certain conditions. 4. Thereafter, on 11.06.2025, the accused applicant appeared before the Investigating Officer. On such appearance, he was formally arrested in Connection with the aforesaid Chimpu P.S. Case No.86/2024. After completion of all necessary legal formalities, he was released on execution of a bond as per the interim anticipatory bail granted to him on 22.05.2025 and extended on 04.06.2025. 5. The learned counsel for the applicant submitted that since the accused has already been arrested and released on bail, the interim anticipatory bail granted to the accused may be confirmed and made absolute. 6. The learned Addl. Public Prosecutor brough to the notice of this Court that earlier a Non-Bailable Warrant of Arrest (NBWA) was issued against the accused applicant by the learned Court of Chief Judicial Magistrate,A alo, and the same is still pending execution. He submits that during the subsistence of the NBWA, the interim anticipatory bail granted to the accused cannot be made absolute. 7. It is observed that at the time of granting interim anticipatory bail, the NBWA issued by the learned Magistrate was not properly apprised therefore, it was not considered by this Court. As a result, the said NBWA remains pending execution. Be that as it may, now, since, it has come to the notice of this Court, the same shall be taken into account 8. Heard both the learned counsel for the parties and also perused the record. 9. It appears that after obtaining interim anticipatory bail, the accused appeared before the Investigating Office who then had arrested him and subsequently released on bail as per the interim order. However, the NBWA issued against the accused earlier remains pending execution. 10. Heard both the learned counsel for the parties and also perused the record. 9. It appears that after obtaining interim anticipatory bail, the accused appeared before the Investigating Office who then had arrested him and subsequently released on bail as per the interim order. However, the NBWA issued against the accused earlier remains pending execution. 10. Under the above circumstances, and Considering that the accused has already been arrested and released on the strength of the interim anticipatory bail after complying with the conditions imposed by this Court, and also taking into account that the NBWA 0ssued against the accused remains pending execution, and further, that the Magistrate is competent to deal with the said NBWA in accordance with law, the prayer for making the interim anticipatory bail absolute is declined at this stage. 11, Accordingly, the accused applicant is directed to surrender before the Magistrate in connection with NBWA issued against him within a period of 15 (fifteen) days from today. He is at liberty to file appropriate bail application for his release, and the Magistrate shall pass an appropriate order in accordance with law. While considering the bail application of the accused, the learned Magistrates hall keep this fact in mind that earlier the accused has already been arrested and released on bail pursuant to the interim protection granted by this Court. 12. In the meantime, the interim anticipatory bail granted to the accused applicant shall remain in force for a period 15 (fifteen) days to enable the accused to surrender himself before the Magistrate in connection with the NBWA issued against him. 13. With the above, this bail application stands disposed of. Return the CD.