The delay may not be fatal to the criminal proceedings. However, it always
depends upon the facts and circumstances of each case. However, at the same
time, a long delay like 29 years as in the present case can certainly be a valid
consideration for grant of anticipatory bail. The judgment was delivered by
three judge bench comprising hon'ble Justice Ashok Bhushan, Justice R. Subhash
Reddy and Justice M.R. Shah at Supreme Court in the matter of Sumedh Singh Saini
v. State of Punjab and another
[CRL. A. NO. 827/2020].
The appellant in the present appeal has alleged that Balwant Singh (brother of
the informant) was illegally abducted from his residence which was at Mohali by
those people who were working under the appellant. He was harshly and cruelly
tormented while in guardianship, by and at the command of the appealing party.
It is additionally asserted that a bogus and created FIR No. 112 of 1991 may
have been enrolled at the occasion of the litigant to recommend that the
casualty was brought to the police station Qadian from where the casualty was
asserted to have gotten away.
The appellant filed anticipatory bail application before the learned Additional
Sessions Judge, Mohali. By order dated 10.07.2020, the learned Additional
Sessions Judge granted protection by way of three days' advance notice in case
of addition of offence under Section 302 IPC. three co-accused in FIR
No. 77 dated 06.05.2020 wanted to become approver and they submitted the
applications before the learned Chief Judicial Magistrate, Mohali for grant of
pardon and declaring them as approver under Section 306 Cr. P.C.
three applications came to be dismissed by the learned Chief Judicial
Magistrate, Mohali, vide order dated 07.8.2020. the appellant applied for
anticipatory bail for the offence under Section 302 IPC before the learned
Additional Session Judge, Mohali by way of bail application. The learned
Additional Sessions Judge vide order dated 01.9.2020 dismissed the said
That thereafter the appellant approached the High Court of Punjab
and Haryana at Chandigarh with an application for grant of anticipatory bail
being CRM-M No. 26304 of 2020. By the impugned judgment and order, the High
court has dismissed the said anticipatory bail application. Hence, the appellant
has preferred the present appeal.
The hon'ble Supreme Court held that the impugned judgment and order passed by
the High Court, as well as, the learned Additional Sessions Court dismissing the
anticipatory bail applications of the appellant for the offence punishable under
Section 302 IPC FIR No. 77 dated 06.5.2020, registered at P.S. City Mataur,
District S.A.S. Nagar, Mohali are hereby quashed the appellant for the offence
punishable under Section 302 IPC in connection with and set aside.
It is ordered
that in case of arrest of the appellant Sumedh Singh Saini in connection with
FIR No. 77 dated 06.5.2020, registered at P.S. City Mataur, District S.A.S.
Nagar, Mohali for the offence punishable under Section 302 IPC, he shall be
released on bail on furnishing personal bond in the sum of Rs. 1,00,000/- and
two sureties of the like amount and to surrender the passport and to cooperate
with the investigation (however without prejudice to his rights and contentions
in the pending proceedings to quash the impugned FIR). The appeal is allowed to
the aforesaid extent.
Written By: Prime Legal Law Firm
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