When accused declared PO in bailable offence, then ordinarily he should not be sent to jail if he furnish bail bond and surety bond

When accused declared PO in bailable offence, then ordinarily he should not be sent to jail if he furnish bail bond and surety bond - P&H High Court

PUNJAB AND HARYANA HIGH COURT

Before :- Alok Singh, J.
Crl. Misc. No. M-1249 of 2011 (O&M). D/d. 20.1.2011

Hardev Singh @ Debu - Petitioner
Versus
State of Punjab - Respondent


For the Petitioner :- Mr. Sandeep Singh Deol, Advocate.

Indian Penal Code, 1860, Sections 323 and 324 - Criminal Procedure Code, 1973, Section 438 - Accused declared proclaimed offender in an offence under Sections 323 and 324 IPC (Bailable offences) - Accused seeking anticipatory bail as the accused had apprehension of being sent to Jail before his bail application was considered - Accused directed to surrender before magistrate - Held, the apprehension of accused in misconceived - When accused declared PO in bailable offence, then ordinarily he should not be sent to jail if he furnish bail bond and surety bond - Petition dismissed as with drawn. [Paras 1 and 2]

JUDGMENT


Alok Singh, J. (Oral) - Learned counsel for the petitioner states that the petitioner shall surrender before the Magistrate concerned on 03.02.2011, in case FIR No. 87, dated 16.07.2009, under Sections 323, 324, 148, 149 IPC, registered at Police Station Sadar, Tarn Taran and shall move application seeking regular bail therein. Learned counsel has further stated that although offences are bailable, however, his bail application shall not be heard on the same day because the petitioner has been declared proclaimed offender. Learned counsel further states that direction be issued to the learned Magistrate to decide the bail application on the same day since offences are bailable. The apprehension of the learned counsel for the petitioner is that when accused is declared proclaimed offender even in bailable offences, the general trend of the Court is to send him to jail for 2-3 days and thereafter to hear the bail application in bailable offences. Learned counsel for the petitioner seeks permission to withdraw this petition.

2. Present petition is dismissed as withdraw. However, the petitioner is directed to surrender before the Magistrate concerned on 03.02.1011. The apprehension of the petitioner is misconceived. If an accused is declared proclaimed offender in an offence which is bailable in nature, then ordinarily he should not be sent to jail if he is ready to furnish bail bond and surety bond as per the directions of the Trial Court in a bailable offence. In the event of moving bail application, the same shall be decided by the Court concerned in accordance with law, without undue delay.


Petition dismissed.

COMMENTS

BLOGGER
Name

138-NIA,23,498A,41,Abduction,1,Acquittal,16,Adverse-Possession,5,Advocates,55,Allahabad,3,Andhra-Pradesh,1,Answers,2,Bail,22,Bare-Acts,55,Bombay,16,Calcutta,6,Canada,7,Chhattisgarh,3,Civil-Cases,78,Complaint,2,Constitution,7,Consumer-Forum,7,Conviction,5,Copyright-Patent,2,Corruption,5,Courts,3,Criminal-Cases,288,CrPC,37,Cyber-Laws,7,Defamation,2,Delhi,21,Divorce,23,Dowry,14,Drafting,5,Employment-Laws,4,Events,4,Evidence,11,Execution,7,Famous-Cases,16,Foreign-Visa,6,Free-Legal-Advice,9,G8-Lawyers,8,Gauhati,1,Geek-Upd8,4,Guest-Post,1,Gujarat,4,Health-Laws,8,Heidi-MacDonald,4,High-Court,278,Himachal,1,How-To,13,Immigration,9,India,342,Information-Technology-Act,6,Insurance,7,Inter-State-Association-Lawyers,10,International,4,IPC-1860,4,Jammu-Kahmir,1,Jharkhand,1,Judgments,380,Juvenile,7,Karnataka,1,Kerala,3,Law,337,Law-Degree,11,Legal-Rights,19,Lekh-Raj-Sharma,5,Madhya-Pradesh,3,Madras,4,Manipur,1,Mansa,11,Matrimonial,45,Murder,44,Navneet-Khudania,4,NDPS-Act,16,News-Media,86,Notice,11,NRI,3,Patna,1,Pauper-Suit,1,Personal-Injury-Law,18,Police,13,Politics,13,Popular,10,Privy-Council,1,Public-Interest-Litigation,3,Puneet-Batish,11,Punjab-Haryana,29,Quashing,7,Rajasthan,2,Rape,51,Review,1,RTI,4,Service-Matter,10,Services,1,Sneha-Jaiswal,7,Society,79,Support,53,Supreme-Court,188,Terrorism,7,Theft,3,United-States,3,USA,39,Uttarakhand,2,Videos,5,Women,22,Writ,5,
ltr
item
Geek Upd8 - Law Reporter: When accused declared PO in bailable offence, then ordinarily he should not be sent to jail if he furnish bail bond and surety bond
When accused declared PO in bailable offence, then ordinarily he should not be sent to jail if he furnish bail bond and surety bond
http://4.bp.blogspot.com/-Gs3DcmQAtHY/UgPleKntJUI/AAAAAAAADXY/h1DyCZygskk/s640/When-accused-declared-PO-in-bailable-offence-then-ordinarily-he-should-not-be-sent-to-jail-if+he-furnish-bail-bond-and-surety-bond.jpg
http://4.bp.blogspot.com/-Gs3DcmQAtHY/UgPleKntJUI/AAAAAAAADXY/h1DyCZygskk/s72-c/When-accused-declared-PO-in-bailable-offence-then-ordinarily-he-should-not-be-sent-to-jail-if+he-furnish-bail-bond-and-surety-bond.jpg
Geek Upd8 - Law Reporter
https://law.geekupd8.com/2013/08/When-accused-declared-PO-in-bailable-offence-then-ordinarily-he-should-not-be-sent-to-jail-if-he-furnish-bail-bond-and-surety-bond.html
https://law.geekupd8.com/
https://law.geekupd8.com/
https://law.geekupd8.com/2013/08/When-accused-declared-PO-in-bailable-offence-then-ordinarily-he-should-not-be-sent-to-jail-if-he-furnish-bail-bond-and-surety-bond.html
true
9019969284714235428
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share. STEP 2: Click the link you shared to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy