Naurang Singh vs State of Punjab

S.S. Dewan, J.

This application is stated to have arisen as a result of counter cases pending between the parties of mutual exchange of violence on 23rd of July, 1983. For committing the murder of Parminder Singh, a case was registered at the instance of the petitioner against the complainant party. It is alleged that after 21/2 months of the said occurrence, Teja Singh complainant filed a complaint before Mrs. Sudarshan Modi, Judicial Magistrate, Patiala, against the petitioners for the same incident, under Sec. 148, 302/49/201 Indian Penal Code and under Sec. 25/27 of the Arms Act. After enquiry, the learned Magistrate issued nonbailable warrants for the arrest of the petitioners in complaint case. The petitioners were not successful in their application before the Additional Sessions Judge for anticipatory bail under S. 433 of the Code of Criminal Procedure. They have now approached this Court under that section for bail in anticipation apprehending their arrest.

After hearing the parties'' counsel I am of the considered view that the Magistrate in the case in hand, at the first instance, acted in complete disregard of the provisions of SubSec. (1) of S. 204 of the Code in issuing nonbailable warrants. The issuing of the nonbailable warrants gives a cause, in my view justifiably, to the petitioners to apprehend arrest and detention in custody in execution of the nonbailable warrants issued by the trial Court. They were justified in making an approach to the Sessions Judge under S. 438 of the Code for their release on bail.

Taking into consideration the fact that the complaint in this case was filed after 21/2 months of the alleged occurrence, the petitioners deserve to be released on bail during the pendency of the case against them. A direction shall be issued in the name of the Court of judicial Magistrate Ist Class, Patiala, which issued the nonbailable warrants or the Officer to whom the warrants have been entrusted for execution. to release the petitioners on bail on their furnishing adequate security to, the satisfaction of such Court or such Officer in the event of the execution of the warrants. The petitioners shall, however, attend the Court of Judicial Magistrate Ist Class, Patiala, on each date fixed in the case. They shall not in any way tamper with the prosecution evidence. The petitioners shall not abscond jump bail or place themselves beyond the reach of the Court during the pendency of the case against them and they shall also not leave the country without the permission of the Court.