The court emphasizes that the effect of any interim relief ceases once the regular bail application is dismissed, and the petitioners should have been taken into custody.

JUDGMENT

Virender Singh, J. - Jaswinder Singh Jaryal and his mother Nirmal Kumari, the petitioners herein are seeking anticipatory bail in a case FIR No. 18 dated 5.2.2003 under sections 498-A and 406 Indian Penal Code registered in Police Station Mahilpur, District Hoshiarpur. It may be mentioned here that the co-accused of the present petitioners namely Poonam Kumari, Vijay Rana, Sushil Kumari and Davinder Singh are on regular bail.

2. Jaswinder Singh is the husband of Tejinder Kaur complainant whereas Nirmal Kumari is the mother-in-law. I need not go into detailed discussion so far as the facts of the present case are concerned. The only controversy before this Court is as to whether the present application under section 438 Criminal Procedure Code in the present form in maintainable or not.

3. The flash back of the present case is that Jaswinder Singh petitioner No. 1 initially moved an application for anticipatory bail before the Sessions Court Hoshiarpur in which notice was issued to the State vide Annexure P/2. The said application was then disposed of vide Annexure P/3 order dated 24.3.2003. The said order read as under :-

"Heard. The offences under section 498-A/406 of Indian Penal Code are exclusively triable by the court of Ilaqa Magistrate. The anticipatory bail granted to the accused- applicant is, therefore, extended till 7.4.03. The accused-applicant is at liberty to move the court of Ilaqa Magistrate for the grant of regular bail. The moment the bail application is disposed of this order shall cease to operate. The Court of Ilaqa Magistrate should dispose of the bail application uninfluenced by any of the observation made in this order. File be consigned."

4. On the same day another order Annexure P/4 was also passed in the same terms on a separate application moved by petitioner No. 2 and Poonam Kumari, her daughter. Thereafter the present two petitioners alongwith Poonam Kumari and one Vijay Rana moved an application for regular bail before the learned Judicial Magistrate Ist Class, Hoshiarpur. It is worth mentioning here that a separate application was also moved by their co-accused namely, Sushil Kumari and Davinder Singh for the same relief and both the applications for regular bail were decided vide Annexure P/5 dated 29.3.2003 in which Poonam Kumari, Vijaya Rana, Sushil Kumari and Davinder Singh were ordered to be released on regular bail whereas the bail application of the present petitioners was dismissed. The present petitioners then moved another application for regular bail before Sessions Judge, Hoshiarpur and the same has been dismissed vide Annexure P/6 dated 8.4.03. Before proceeding further I may mention here that in the heading of the typed copy of Annexure P/6, the line "application for regular bail" is missing whereas in the certified copy it is mentioned. It appears that it skipped the notice of the Registry and the concerned official just had a cursory glance on the typed copy (Annexure P/6) and put up the case for disposal. Otherwise, the Registry might have raised the objection on the maintainability of the present petition under section 438 Criminal Procedure Code Any how, I do not intend to comment further on it.

5. The learned Additional Sessions Judge while disposing of the application of the petitioners observed as under :-

"Copy of the order dated 29.3.2003 passed by the court of Shri KC Gupta, PCS, JMIC, Hoshiarpur shows that the accused-applicants Nirmal Kumari and Jaswinder Singh were present when the bail application was disposed of. The bail application moved by the accused-applicants Nirmal Kumari and Jaswinder SIngh was dismissed. The order was passed in the presence of APP for the State, Sh. Karnail Singh, I.O. Shri Naveen Jairath, Adv. counsel for the accused- applicants Nirmal Kumari, Poonam, Jaswinder Singh and Vijay Rana and Shri Vishal Kumar, Adv. counsel for the accused-applicant Sushil Kumari and Davinder Singh. After the dismissal of the bail application, the accused-