Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 219 and 120-B IPC CR.P.C Anticipatory bail s.438 offence punishable under ss.364 201 344 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.438 – Anticipatory bail –Brother of the victim-deceased lodged an FIR against the appellant foroffence alleged to have taken place in 1991 – FIR was lodged for offencepunishable under ss.364, 201, 344, 219 and 120-B IPC and subsequentlythe offence punishable under s.302 IPC was added on the statements oftwo of the co-accused who were allowed to become approver – Appellantapplied for anticipatory bail for offence under s.302 IPC – Sessions Judgedismissed the application – High Court also dismissed the bail applicationfiled before it – In the instant appeal, plea of appellant was that thepresent FIR was not maintainable as being second FIR on the same setof facts and having been registered after delay of 29 years of allegedincident – It was submitted that earlier attempt to falsely implicate appellantfailed and similar FIR for the very incident in question with similarallegations was quashed by Supreme Court in the case of *Davinder PalSingh Bhullar – It was further submitted that the informant had heavilyrelied upon the liberty that was reserved in favour of father of the deceasedto file fresh proceedings – However during his lifetime, father of thedeceased did not initiate any fresh proceedings and the present FIR wasfiled after nine years of judgment in case of *Davinder Pal Singh Bhullarand 29 years after the incident that too by the brother of the deceased –Held: Considering the fact that the impugned FIR was lodged by thebrother of the deceased after a period of almost 29 years from the dateof incident and after a period of 9 years from the date of decision in thecase of *Davinder Pal Singh Bhullar and nothing was on record that inbetween he had taken any steps to initiate criminal proceedings and/orlodged an FIR, a case is made out by the appellant for grant of anticipatorybail – Whether the fresh/present proceedings are permissible in law areyet to be considered in the pending proceedings for quashing the impugnedFIR – In view of status of the appellant that he retired in 2018 as DirectorGeneral of Police, Punjab after 30 years of service and the alleged incidentwas of the year 1991 and even in the present FIR initially there was noallegation for the offence under s.302 IPC and the allegations were onlyfor the offences under ss.364, 201, 344, 330, 219 and 120-B of the IPC,for which there was an order of anticipatory bail in favour of the appellantand subsequently the offence under s.302 IPC was added on the basis ofthe statements of approvers only, the appellant has made out a case foranticipatory bail. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 679 |
Petitioner | Sumedh Singh Saini |
Respondent | State Of Punjab And Another |
SCR | [2020] 13 S.C.R. 812 |
Judgement Date | 2020-12-13 |
Case Number | 817 |
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