INDERJIT Vs. STATE (CHANDIGARH ADMINISTRATION) CHANDIGARH

JUDGEMENT

(1.) IN a case under Section 302, read with Section 120 -B, Indian Penal Code, registered in Police Station, Sector 11, Chandigarh, it is alleged that Karam Singh, the murder victim, attacked on 11.3.1983 by two persons in conspiracy with the petitioner Inderjit. The petitioner apprehending arrest in this case has applied for anticipatory bail under Section 438, Code of Criminal Procedure, on the plea that he has been falsely implicated in this case.

(2.) I have heard the learned counsel for the parties. It is not denied that on the date of incident, i.e. 11.3.1983, the petitioner was lodged in Nabha Jail where he was undergoing life imprisonment. He was eventually released from Jail on 11.5.1983. No recovery is to be effected from him and it is not suggested that he is likely to abscond or interfere with the prosecution evidence.

(3.) IN the peculiar circumstances mentioned above, it does not seem necessary that he should first be arrested before entertaining his application for bail. It is one of these cases in which the provisions of Section 438, Cr. PC can be justifiably invoked. It is, therefore, directed that in the event of arrest, the petitioner be released on bail by the arresting officer. The petitioner shall make himself available for interrogation by a police officer as and when required. He shall also not directly or indirectly interfere with the prosecution evidence and shall not leave India without previous permission of the Court. Order accordingly.