Can’t give anticipatory bail where accused jumps bail: Punjab and Haryana HC

Tribune News Service

Chandigarh, September 22

The Punjab and Haryana High Court has ruled that anticipatory bail cannot be extended to cases where an accused was apprehending arrest due to jumping bail. “The scope of 438 CrPC cannot be extended to cases where such apprehension of arrest is on account of jumping bail,” Justice Gurvinder Singh Gill ruled.

Referring to the provisions of law, Justice Gill asserted a person may approach the Courts under provisions of Section 438 CrPC for grant of anticipatory bail only when there was an apprehension of arrest upon an accusation being made — upon the institution of an FIR, lodging of a complaint or being summoned by the Court for the first time to face trial.

The assertion came on a petition seeking anticipatory bail regarding a criminal complaint under Section 138 of Negotiable Instruments Act. The Bench was told that his bail was cancelled following the petitioner’s absence before the trial Court on July 6, 2019, and on subsequent dates.

Justice Gill added the Court could not lose sight of the fact that an accused in certain cases might not be able to appear before the trial Court on account of genuine reasons, such as incorrect noting of the date or certain reasons beyond his control.

In such cases, the accused could surrender before the trial Court. It was expected that the trial Courts, in turn, would take a lenient view in genuine cases and decide the regular bail application expeditiously.

“In a given set of circumstances where the trial Court is satisfied that there were valid reasons for the absence of an accused and that he has surrendered at the shortest possible time, the trial Court can, in fact, dispose of the regular bail application on the very day the same is presented by accused upon his surrender,” Justice Gill added.

Before parting with the case, Justice Gill added that the trial Court, in its discretion, may also choose to grant interim bail, in fit cases, but only after the surrender of the accused.

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