Apprehension of committing crime can’t be ground to cancel anticipatory bail : Punjab HC
Title: Indraj v State of Haryana
Citation: Crl. Misc No. 1666 of 2024
Dated on: 12.1.2024
Corum: Justice Harpreet Singh Brar
Facts of the case
In the present case the petitioner has filed a petition under section 439(2) read with 482 of CrPC for cancelation of anticipatory bail granted to the respondent. The respondent (Indraj) was involved for disclosure of the statements made by one accused namely Gopi Shyam. Thereafter, another accused namely Pushpendar.also made disclosure statement and indicated the involvement of the respondents in the alleged occurrence. The investigating officer has filled reply and pleaded although the mobile phone required in the investigation has been recovered from the respondent however, the respondent is not cooperating with the investigation.
The prayer for cancelation of anticipatory bail has been made on the ground that there is no data regarding conversation of the respondent with his accomplices and it will take time to retrieve the data through the forensic lab, ass such by that time the accused may commit other crimes of similar nature as he was earlier involved in FIR registered in various sections of IPC.
Legal Provision:
The FIR against petitioner was challenged under The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code that covers a wide range of offenses, including those related to public order, decency, morality, and property. Here are the sections you asked for:
- Section 148: Rioting, armed with deadly weapon.
- Section 149: Every member of unlawful assembly guilty of offense committed in prosecution of common object.
- Section 353: Assault or criminal force to deter public servant from discharge of his duty.
- Section 224: Resistance or obstruction by a person to his lawful apprehension.
- Section 302: Punishment for murder.
- Section 307: Attempt to murder.
- Section 395: Punishment for dacoity.
Along with section 25 of the arms act at police station which states that any person arrested under any arms or ammunition seized under the arms act by a person not being magistrate or a police officer shall be delivered without delay to the officer in charge of the nearest police station.
Court analysis and Judgement
The trial law that while excessing the power of judicial review, the scope of interference in an order granting bail is narrow. However, the court said that they must maintain an obligation to ensure that a fine balance is maintained between the precious right of the accused enshrined under article 21 of the constitution of India and the rights of the victim. The court looking into the merits of the case and considering various precedents dismissed the writ.
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Written by- Namitha Ramesh