MANMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of Cr. P. C. has been filed for seeking clarification/modification of the order dated 2-5-1998 Annexure P-1 passed by the learned Additional Sessions Judge, Ludhiana, placing reliance on certain decisions while dealing with the case F. I. R. No. 46 dated 29-1-1998 under Sections 452/506/294/148/149 IPC. , Police Station Sahnewal, passed the order on 2-5-1998, the operative part of which reads as under :- ". . . . . . . I order that in the event of their arrest the applications shall be released on anticipatory bail to the satisfaction of the Arresting Officer or the S. H. O. Concerned with the conditions that the applicants shall not tamper with the prosecution evidence; that they shall assist the police during investigation and shall not leave the State of Punjab without the prior permission of the Court/illaqa Magistrate. This order is valid for three weeks only during which the applicants shall apply for regular bail before the competent Court. It is also made clear that during the period of anticipatory bail police remand of the accused can be obtained

(2.) PROVISIONS of Sections 438 Cr. P. C. came to be considered by the Supreme Court in Salauddin Abdulsamad Shaikh v. State of Maharashtra, AIR 1996 Supreme Court, 1042 : (1996 Cri Lj 1368) their lordships of the Supreme Court while interpreting the provisions of Section 438, Cr. P. C. observed that "it is, therefore, necessary that such an anticipatory bail orders should be of a limited duration only and ordinarily on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to the regular Court to deal with the matter on an appreciation of evidence placed before it after the investigation has made progress or charge sheet is submitted. An order of anticipatory bail could even be obtained in cases of serious nature as for example murder and, therefore, it is essential that the duration of that order should be limited and ordinarily the Court granting anticipatory bail should not substitute itself for the original Court which is expected to deal with the offence. It is that Court which has then to consider whether, having regard to the material placed before, it, the accused person is entitled to bail.

(3.) IN the aforesaid judgments, there is no dicta of the apex Court that while dealing with a petition under Section 438 of the Code of Criminal Procedure, the Court of Session or the High Court may leave to the police that during the period of anticipatory bail, it may obtain remand of the accused. It can also not be so spelled out from the provisions of Section 438, Cr. P. C.