SUKHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the petitioner earlier filed an application for blanket bail which was dismissed by the Additional Sessions Judge, Moga on 26.7.2004 (Annexure P-1). Therein, it was stated by ASI Surjit Singh, Police Station City Moga-I that no FIR had been lodged against the petitioner. Thereafter, it is contended that case FIR No. 152 dated 28.7.2004 was registered for the offence under Sections 381, 419 and 420 IPC and the petitioner filed an application for anticipatory bail, which was dismissed for want of prosecution on 5.8.2004 (Annexure P-2). The petitioner then filed second application for anticipatory bail, which was dismissed on 27.8.2004 (Annexure P-3) with the observation that second application for anticipatory bail is not maintainable. In these circumstances, it is contended that there is no consideration of the case of the petitioner on merit.

(2.) NOTICE to AG, Punjab.

(3.) HEARD learned counsel for the parties. It is appropriate to note that the case of the petitioner for release on anticipatory bail has not been considered on merits. In the circumstances, it would be just and proper that the application for anticipatory bail is first considered by the learned Additional Sessions Judge on merits de hors the orders dated 5.8.2004 (Annexure P-2) and 27.8.2004 (Annexure P-3). The petitioner in the circumstances may approach the learned Additional Sessions Judge, Moga for consideration of grant of anticipatory bail on merits and in case such an application is filed the learned Additional Sessions Judge, Moga shall consider the same in accordance with law and de hors the orders dated 5.8.2004 (Annexure P-2) and 27.8.2004 (Annexure P-3).