[2008] 13 S.C.R. 255
JOGINDER @ JINDI
A
v.
STATE OF HARYANA
(Special Leave Petition (Crl.) No. 6346 of 2008)
SEPTEMBER 8, 2008
B
[DR. ARIJIT PASAYAT AND HARJIT SINGH BEDI, JJ]
Code of Criminal Procedure, 1973:
s. 438 - Grant of bail to person apprehending arrest - c
HELD: A petition u/s 438 in respect of bailable offences is
misconceived even if it is accepted that alleged offences are
bailable -
High Court was not justified that custodial
interrogation was necessary- However, if petitioner surrenders
--!
and seeks regular bail, the same shall be considered D
uninfluenced by any observations made by High Court.
CRIMINAL APPELLATE JURISDICTION: Special Leave
Petition (Criminal) No. 6346 of 2008
From the final Judgment and Order dated 13.08.2008 of E
the High Court of Punjab and Haryana at Chandigarh in Criminal
Misc. No. M-20367 of 2008
Ranjit Kumar, Subodh Kumar Pathak, Shashi Ranjan, 8.
Pattanaik and Dharmendra Kumar Sinha for the Appellant.
F
The following Order of the was delivered
Heard learned senior counsel for the petitioner.
Since the petitioner alleges that the offences charged are G
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
255
H
256
SUPREME COURT REPORTS
(2008] 13 S.C.R.
A mis-conceived, even if it is acceptad 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.
B R.P.
Special Leave Petition disposed of.
)
Lex