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(2008) 10 Supreme Court Cases 138
(BEFORE DR. ARIJIT PASAYAT AND H.S. BEDI, JJ.)
JOGINDER ALIAS JINDI — Petitioner
Versus
STATE OF HARYANA — Respondent.
SLP (Cri.) No. 6346 of 2008
Decided on : September 8, 2008
Section 438 Cr.P.C - Bailable Offences - Misconceived Petition
Fact of the Case:
The petitioner alleged that the offences charged were bailable and challenged the High Court's decision to hold custodial interrogation as necessary.
Finding of the Court:
The court found that the petition under Section 438 Cr.P.C in relation to bailable offences was misconceived, as the section relates to non-bailable offences. However, the petitioner was allowed to seek regular bail after surrendering.
Issues: Misconceived petition under Section 438 Cr.P.C for bailable offences
Ratio Decidendi: Section 438 Cr.P.C applies to non-bailable offences, and a petition under this section for bailable offences is misconceived.
Final Decision: The special leave petition was disposed of accordingly, allowing the petitioner to seek regular bail after surrendering.
ORDER
1. Heard learned Senior Counsel for the petitioner.
2. Since the petitioner alleges that the offences charged are bailable offences, the High Court was not justified in holding that custodial, interrogation was necessary. Section 438 Cr.P.C in terms relates to non-bailable offences. Therefore, a petition under Section 438 Cr.P.C in relation to bailable offences is misconceived, even if it is accepted that alleged offences are bailable. However, if the petitioner surrenders and seeks regular bail, the same shall be considered uninfluenced by any observations made by the High Court. The special leave petition is disposed of accordingly.
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