UDHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was summoned by the Additional Sessions Judge, Ferozepur in a Sessions case under Section 319 Cr.P.C. He was nominated as an accused in the F.I.R. but the police has submitted a challan after investigations showing him in Column No. 2 of the Challan. The petitioner approached the Additional Session Judge for grant of anticipatory bail which has since been declined and now this application for anticipatory bail has been moved in this Court. The contention of the learned counsel for the petitioner is that the petitioner is an old man aged about 75 years. He is a heart patient and is admitted in the Hospital. In Amba Lal v. State of Maharashtra, 1992 Cri.L.J. 2373 Bombay, it has been held that anticipatory bail cannot be granted where the court issues process against the accused. In the instant case, the process has been issued by the learned Additional Sessions Judge under Section 319 Cr.P.C. In the facts and circumstances of the case, no good grounds exist for giving the concession of anticipatory bail and prayer for the same is declined. However, the petitioner may, if so advised seek appropriate relief from concerned trial court by apprising the court regarding his being admitted for the treatment in the Hospital and seek time to appear before that court in response to the summons issued by that court. The petition is accordingly disposed of. Petition dismissed.