2000 Supreme(P&H) 1408

PUNJAB & HARYANA HIGH COURT
V.M.Jain, J.
Renu Alias Jyoti Bala
Versus
State Of Punjab
Criminal Miscellaneous No. 37276 of 2000,
Criminal Miscellaneous No. 26512 of 2000,
Decided On : NOVEMBER 20, 2000

The court's decision highlighted the applicability of anticipatory bail to the offence under Section 304-B IPC, following the conversion of the initial offence under Sections 307/34 IPC.

Headnote:

Anticipatory Bail - Offence under Section 304-B IPC - The court directed that the anticipatory bail granted earlier shall be read in respect of the offence under Section 304-B IPC

Fact of the Case:

The accused petitioner filed for anticipatory bail in relation to FIR No. 165 dated 11.7.2000 under Sections 307/34 IPC. The petitioner was initially granted anticipatory bail, and later filed an application to incorporate the offence under Section 304-B IPC.

Finding of the Court:

The court, after considering the submissions from both parties and the record, directed that the earlier granted anticipatory bail shall be applicable to the offence under Section 304-B IPC.

Issues: Incorporation of the offence under Section 304-B IPC in the anticipatory bail application.

Ratio Decidendi: The court's decision was influenced by the fact that the offence under Sections 307/34 IPC was converted into the offence under Section 304-B IPC upon the death of the deceased.

Final Decision: The court directed that the anticipatory bail granted earlier shall be read in respect of the offence under Section 304-B IPC.