STATE OF PUNJAB Vs. PRITAM SINGH

JUDGEMENT

(1.) THE State of Punjab has applied under section 482, Code of Criminal Procedure (hereinafter referred to as the Code), for cancellation of bail of the respondent Pritam Singh, allowed by the learned Sessions Judge, Kapurthala, vide an order dated 28th of April, 1984,

(2.) A case under section 25 of the Arms Act has been registered against the respondent on the allegation that he was found to be in possession of an unlicensed Pistol and two cartridges. In view of section 439 -A, which has been newly inserted in the Code, the respondent could be granted bail only if one or more of the following grounds were available to him : - "439 -A. Notwithstanding anything contained in this Code, no person : - : - (a)................................................................ (a)................................................................ shall be, released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely : - (i) that the Court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) that the Court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the deceased on bail." Manifestly, the first two grounds are not applicable to this case. According to the respondent counsel, the respondent has been allowed bail on the third ground. In the light of this ground, the respondent could be bailed out by the learned Sessions Judge for reasons to be recorded in writing to the effect that there are not only sufficient grounds but also exceptional ground to release him. In the bail order passed by the learned Sessions Judge no exceptional grounds have been mentioned. In such circumstances, this order has been passed in violation of the aforesaid section 439 -A of the Code.

(3.) FOR this reason, the bail allowed to the respondent is cancelled. It is however, clarified that the cancellation of bail will be no bar to the respondent to apply afresh for bail on adequate grounds before the appropriate Court. Order accordingly.