SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD .

(2.) THIS petition under Section 438 of the Code of Criminal Procedure has been filed by Surinder Kumar @ Narinder Kumar @ Laddi Petitioner/accused, for the grant of anticipatory bail during the trial in the event of his arrest in FIR No. 95, dated 30.6.2009, registered under Sections 326, 323, 447, 511, 148 and 149 IPC, in Police Station City Jalalabad, District Ferozepur. Previously also, petition under Section 438 of the Code was filed by the Petitioner, which was decided vide order dated 25.2.2011. He was allowed the anticipatory bail, but that order was to remain in operation till the decision of the application for regular bail, which was to be filed by him at the time of presentation of challan against him in the trial Court.

(3.) TECHNICALLY speaking the Petitioner should have filed an application for the issuance of such a direction as anticipatory bail had already been granted to him, instead of filing a fresh petition. However, technicalities are not to stand in the way of the Court. Therefore, the order dated 25.2.2011 is modified to the effect that the anticipatory bail so granted to the Petitioner shall continue till the conclusion of the trial Court.