In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 37125 of 2009 (O&M) Date of decision: 29.1.2010 Jasmer Singh ......Petitioner Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Siao, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.Amit Arora, Advocate, for respondent No.2. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in a complaint case No.R.T. 182/ 6.9.2006 titled as Kuldeep Singh vs. Jasmer Singh and others under Sections 323/ 324/ 326/ 341/ 342/ 379/ 447/ 506/ 148/ 149 and 120-B of the Indian Penal Code now pending in the Court of Sub Divisional Judicial Magistrate, Dera Bassi, District SAS Nagar (Mohali). The petitioner had filed an application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure before Additional Sessions Judge, Mohali. The said Criminal Misc. No.M- 37125 of 2009 (O&M) -2- application was disposed of vide order dated 3.9.2009 passed by the Additional Sessions Judge by giving the following directions :- “Since Hon'ble Apex Court has held in above referred authorities that anticipatory bail should be granted for a limited period therefore, interim bail order granted in the above referred bail applications by this court dated 17.7.2009 and 20.7.2009 respectively are confirmed for a period of one month during this period the accused/applicants shall seek regular bail from the trial Court. In the event of rejection of of their regular bail by the trial Court they shall be further granted one week time to seek regular bail from the higher court, failing which they would surrender in the trial Court. This order shall inure till the disposal application for regular bail of the accused/applicants by the trial Court or in the event of their rejection of regular bail by the trial Court then further period of one week shall be granted to enable them to seek their remedy in the higher court. With these observations bail applications stand disposed of.” Thereafter, the pettioner again moved an application under Section 438 Cr.P.C. for grant of anticipatory bail before the Additional Sessions Judge, SAS Nagar, Mohali and the said application was dismissed vide order dated 23.12.2009 by making Criminal Misc. No.M- 37125 of 2009 (O&M) -3- following observations:- “In view of the detailed order passed by this court disposing of the application for pre-arrest bail of the accused/applicants on 3.9.2009, this second application for pre-arrest bail filed by the accused/applicants does not lie and is not maintainable. The proper recourse for accused/applicants was to seek regular bail from the higher court within a period of one week from the date of rejection of their regular bail application on 10.10.2009 by the learned Sub Divisional Judicial Magistrate, Dera Bassi. Consequently, this second bail application for pre- arrest bail of accused/applicants is not maintainable in the opinion of this court the same is dismissed. Record be returned. File be consigned to the record room.” Since, the petitioner had not surrendered in compliance with the order passed by the Additional Sessions Judge, no ground for interference is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE January 29, 2010 anita