MOHINDER MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Criminal Misc. No. 5279-M and 5634-M of 1985.

(2.) It is alleged that Jagar Masih complainant filed a complaint before the Judicial Magistrate, concerned, against the petitioners for the same incident under Sections 326/325/324/323/34 Indian Penal Code. After inquiry, the learned Magistrate issued non-bailable warrants for the arrest of the petitioners in the complaint case. The petitioners were unsuccessful in their application before the Sessions Judge for anticipatory bail under Section 438 of the Code of Criminal Procedure (for short, the Code). They have now approached this Court for bail in anticipation apprehending their arrest. After hearing the parties' counsel, I am of the considered view that the Magistrate, in the case in hand, at the first instance acted in complete disregard of the provisions of sub-section (1) of Section 204 of the Code in issuing non-bailable warrants. The issuing of non-bailable warrants gives a cause to the petitioners to apprehend arrest and detention in custody in execution of the warrant issued by the trial court. They were justified in approaching the Sessions Judge under Section 438 of the Code for their release on bail.

(3.) Taking into consideration the fact that the complaint in this case was filed after about five months of the alleged occurrence, the petitioners deserve to be released on bail during the pendency of the case against them. A direction shall be issued in the name of the Court of Judicial Magistrate 1st Class concerned, which issued the non-bailable warrants or the officer to whom the warrants have been entrusted for execution, to release the petitioners on bail on their furnishing adequate security to the satisfaction of such Court or officer in the event of the execution of the warrants. The petitioners are, however, directed to attend the trial Court on each date fixed in the case. They are also directed not to tamper with the prosecution evidence and not to leave India without the prior permission of the trial Court concerned. Order accordingly