The Supreme Court of India Criminal Appellate Jurisdiction Criminal Appeal No.
829 Of 2002
Singh & ANR Vs. State of Punjab & Ors
dated 22nd August, 2001, a learned Single Judge of Punjab and Haryana High
Court cancelled the bail granted to the appellant by another learned Single
Judge of the High Court. The protection in terms of Sec. 438 Cr.P.C. was in
terms of order dated 30.3.2000 of learned Single Judge.
have heard learned counsel for the parties. As has been held by this Court in
Adri Dharan Das vs. State of West Bengal [ 2005(4) SCC p.303], grant of
protection under Sec.438 Cr.P.C. is not for an indefinite period. Within the
time to be stipulated in the order prayer for regular bail has to be made and
considered on merit. Therefore, we direct that the order dated 30.3.2000, as
was originally passed by a learned Single Judge, shall be operative for a
period of six weeks within which period the appellant shall seek regular bail
in terms of what has been stated in aforesaid decision of this Court.
Criminal Appeal is disposed of accordingly.
NAOLEKAR) NEW DELHI;