JASWINDER SINGH Vs. XXX
LAWS(P&H)-2022-9-42
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 09,2022

JASWINDER SINGH Appellant
VERSUS
Xxx Respondents

JUDGEMENT

ANOOP CHITKARA,J. - (1.)Seeking quashing of proclamation order dtd. 13/9/2021, passed by JMIC Tarn Taran, the accused has come up before this court under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC).
(2.)On being arraigned as an accused in the FIR captioned above, the petitioner approached this court by filing a petitioner for anticipatory bail, which was registered as CRM-M-32714- 2021 Jaswinder Singh v. State. On 13/8/2021, the court passed the following order:
"Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No.71 dtd. 28/5/2021, under Ss. 307, 506, 148 and 149 of the Indian Penal Code, 1860 ('IPC'- for short) (Sec. 302 and 452 IPC added on 10/6/2021), registered at Police Station Sirhali, District Tarn Taran.

Learned counsel for the petitioner contends that although the petitioner is stated to have armed with a 'kirpan', but only kick blows have been attributed to him. The deceased had succumbed to his injuries after fourteen days of the incident due to head injury and septicemia. The head injury is not attributed to the petitioner.

Issue notice to the respondent.

At the asking of the Court, Mr. Dhruv Daual, Senior DAG, Punjab, accepts notice on behalf of the respondent-State and prays for time to file an affidavit with regard to the role and the prima facie material against the petitioner.

List on 31/8/2021."

(3.)A perusal of the order dtd. 13/8/2021 reveals that the petitioner did not get any interim protection. Thus, if the police wanted to apprehend the petitioner, it was legally permissible for the police to arrest him, which would have rendered the petitioner's anticipatory bail infructuous. However, it appears that did not happen.


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