JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application is allowed as prayed for. The present petition under Section 438 Cr.P.C. for grant of anticipatory bail has been filed on behalf of Jagtar Singh in case FIR No. 122 dated 14.5.2010 registered under Section 36 and Section 36(3) of Punjab Apartment and Property Regulation Act, 1995 at Police Station City Khanna.

(2.) Learned counsel for the petitioner by relying upon the judgments of Hon'ble the Apex Court in Rajeev Chaudhary Vs. State (NCT) of Delhi, 2001 AIR(SC) 2369 and Andhra Pradesh High Court in the case of Amarnath Vyas Vs. State of A.P., 2007 CrLJ 2025 contends that where the sentence is upto three years, the offences are bailable. In the present case also, the maximum sentence is three years and offences are bailable, however, the bail application filed by the petitioner has wrongly been dismissed by Additional Sessions Judge, Ludhiana, on the ground that offences are serious and custodial interrogation is required. In view of afore-cited judgments, if the sentence is upto three years, it is to be read less than three years. Since all the offences are bailable, therefore, no application for anticipatory bail is maintainable. The present petition being devoid of any merit is hereby dismissed.