MEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This application has been filed by Mehar Singh and three others under Section 439, Cr.P.C. for grant of bail pending trial in a case FIR No. 43 dated 13.3.1999 under Sections 304-B read with Sections 148/149, I.P.C. relating to Police Station Shahkot, Distt., Jalandhar after the application filed by them before the learned Additional Sessions Judge, Jalandhar under Sections 438/439, Cr.P.C. was dismissed on 20.5.1999. That application had been filed in pursuance of the order passed by the Apex Court on 23.4.1999 to the following effect :

(2.) The learned Additional Sessions Judge, Jalandhar while disposing of the application, had observed that since the deceased died an unnatural death at her in-laws house only the custodial interrogation of the accused would facilitate the further progress in the investigation with regard to the circumstances under which deceased Gurmeet Kaur died in her matrimonial house within seven years of her marriage. The offence is serious in nature. From this, it appears that the learned Additional Sessions Judge was under the impression that she was primarily dealing with the application as one under Section 438, Cr.P.C.

(3.) Initially, Mr. Navkiran Singh, Advocate had tried to assert that in this petition Mehar Singh and others should be admitted to anticipatory bail but during the course of arguments, it has been fairly conceded by him that the present application cannot be treated to be one under Section 438, Cr.P.C. Case FIR No. 43 has been registered pursuant to a direction issued by K.K. Srivastava, J. in Crl. Misc. No. 15913-M of 1998 under Sections 304-B read with Sections 148/149, I.P.C. and there can be no dispute with the observations made by learned Additional Sessions Judge, Jalandhar that for progress in the investigation, the custody of the applicants may be required. In view of this, it would be both just and proper if the learned Additional Sessions Judge, jalandhar, who has while passing the order on 20.5.1999 apparently dealt with the application as one under Section 438, Cr.P.C. when actually it should have been dealt with as an application under Section 439, Cr.P.C. should be directed to consider the application for regular bail under Section 439, Cr.P.C. that may be filed by the petitioners afresh in the light of the stand, which may be taken by the Investigating Agency. Accordingly, it is directed that the applicants, who are present in Court, shall surrender before learned Addl. Sessions Judge, Jalandhar on 14.6.1999 at 10 a.m. and move an application for regular bail, whereupon the said officer shall take steps to dispose of the same together with any request of the Investigating Agency for custody of the accused-petitioners on the same day. It is also directed that copy of the order will be made available to the petitioners on that date.