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1996 Supreme(P&H) 59

S.C.MALTE
Rattan Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.C.Malte, J.

1. The petitioner in this case is one of the five accused against whom offence under Sections 364, 336 etc. read with 149 IPC was registered and investigation started. During the course of investigation, the petitioner moved for anticipatory bail, and the matter went upto the Honble Supreme Court. The Supreme Court passed the following order :-

"Heard counsel.

We direct that in the event the petitioner is arrested for the commission of the alleged offence either by the police or on orders of the court, he may be released on anticipatory bail for a period of 60 days during which period he will obtain regular bail from the concerned court. It will, however, be permissible to the investigating agency to call him for interrogation.

The Special Leave Petition will stand disposed of accordingly."

2. Obviously that was in respect of anticipatory bail before the charge-sheet was submitted by the Police. Ex.P-5 indicates that charge-sheet in this case was submitted in the Court on 5.6.1995. Once the charge-sheet is submitted the question regarding regular bail naturally crops up.

3. The petitioner along with other accused filed bail application No. 698 of 1994 in the S

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