ROMESH CHAND Vs. IQBAL MASIH

JUDGEMENT

(1.) THIS is an application for anticipatory bail. Learned counsel for the petitioner states that the petitioner apprehends that he will be arrested by virtue of summons issued in complaint case No. 147 dated 25.7.1994 pending in the court of Judicial Magistrate I Class, Gurdaspur and, therefore, requests that this application for anticipatory bail be granted. The learned counsel for the petitioner also states that bailable warrants have been issued against the petitioner as per order annexure P/3.

(2.) THE petitioner wants anticipatory bail in connection with a bailable warrant issued in a criminal case against him. The question, therefore is whether the petitioner can in such a case get the benefit of section 438 Cr.P.C. Section 438 of the Cr.P.C. reads as under:-