Thursday, May 1, 2008

Accused absconding NO Anticipatory Bail [ SC ]

SLP(Crl.)No. 1403 OF 2002
ITEM No.37 Court No. 6 SECTION II
A/N MATTER


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS


Petition(s) for Special Leave to Appeal (Crl.) No. 1403/2002

(From the judgement and order dated 21/12/2001 in CRLMA 1041/01
of the High Court of Uttaranchal at Nainital)


JAGTAR SINGH Petitioner (s)

VERSUS

SATENDRA KAUR @ BHAVANA GROVER & ORS. Respondent (s)


( With Appln(s). for stay )


Date : 02/09/2002 This Petition was called on for hearing today.


CORAM :
HON'BLE MR. JUSTICE M.B. SHAH
HON'BLE MR. JUSTICE D.M. DHARMADHIKARI



For Petitioner (s) Mr. S. Muralidhar, Adv.

For Respondent (s) Mr. Ajay Kr. Agrawal, Adv.
Mr. Mahesh Chandra, Adv.

Mr. Manmohan, Adv.
Mr. Anuvrat Sharma, Adv.
Mr. M.P. Shorawala, Adv.



UPON hearing counsel the Court made the following

O R D E R


.....L.....I....T.......T.......T.......T.......T.......T.......J....R
.SP2
Heard the learned counsel for the parties.

The order passed by the High Court appears to be
unusual one. Learned counsel for the State submits that at
present the respondents-applicants are absconding.
Normally, when the accused are absconding there is no
question of granting anticipatory or regular bail.


-2-

Admittedly, neither the High Court nor the Sessions Court
has granted anticipatory bail in this matter. Hence, it
would be open to the Investigating Officer to arrest the
respondents.

At the request of the learned counsel for the
petitioners the matter is adjounred for four weeks.
.SP1



(A.S. Bisht) (Janki Bhatia)
Court Master Court Master