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Sewak Singh @ Sukhdev Singh v. State of Punjab - CRM-23551-m-2006  RD-P&H 2384 (18 April 2006)
Crl. Misc.23551-M of 2006
Date of decision: April 24, 2006.
Sewak Singh @ Sukhdev Singh
State of Punjab
Present: Shri Rahul Chhatwal, Advocate for the petitioner.
Surya Kant, J. (Oral)
The pre-arrest bail application filed earlier by the petitioner was dismissed on 20.9.2005 by observing that if he surrenders before the trial court and thereafter seeks regular bail, any such application moved by him shall be considered and decided expeditiously.
The petitioner, however, did not surrender and has moved the second petition for the grant of pre-arrest bail. Reliance has been placed upon the orders dated January 27, 2006 (Annexures P-4 and P-5) and dated February 7, 2006 (Annexure P-6) whereby the petitioner's co-accused have been released on regular bail.
On a perusal of the order Annexure P-4, it is revealed that the prosecution could not prima-facie satisfy as to how the offence under section 124-A IPC is made out against the persons named in the FIR, including the petitioner. The pre-arrest bail, however, cannot be granted on this count alone, especially when there are allegations regarding commission of offence under section 489-A, 489-B, 489-C and 489-D IPC.
Consequently, no case for grant of pre-arrest bail is made out.
However, if the petitioner surrenders before the trial court and seeks regular bail, and if he has not been declared a proclaimed offender, such an application moved by him shall be considered in the light of the orders Annexures P-4 to P-6 passed by this Court in the case of his co- accused and shall be disposed of in accordance with law, expeditiously and preferably within 15 days.
April 24, 2006. [ Surya Kant ]
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