- The Punjab and Haryana HC, in a case titled Sukhchain Singh @ Chaini vs. State of Punjab has held that the rejection of a regular bail plea under 439 CrPC by considering it as an anticipatory bail plea under section 439 CrPC was a cause for grave concern, and the case file was sent to the Administrative Judge of District Faridkot for necessary action.
- In the instant case, the petitioner filed an application seeking regular bail under section 439 of CrPC before the Additional Sessions Judge, Faridkot. He had been in custody since March 18, 2021 and was accused of committing an offence under section 420 and 120B of IPC. His application was rejected by the lower Court and he, therefore, appealed before the HC.
- During the course of the proceedings, the HC noted that his regular bail application was treated as an anticipatory bail application by the Additional Sessions Judge. The HC, therefore, called for the report of the District Judge in this regard.
- In his report, the District Judge stated that the case was listed for hearing before Harbans Singh Lekhi, the Additional Sessions Judge, Faridkot. It was clearly mentioned in the plea that the accused had been in judicial custody, but the Judge dismissed the same, considering it to be an application under section 438 CrPC.
- The report also mentioned that the reason that the lower Court made this grave error was due to a rush of work and he also assured that the same would not happen again.
- The HC was of the opinion that the same was a very serious issue and therefore directed that the matter be placed before the Administrative Judge of Faridkot for further action.
- The accused in this case was also granted bail by the HC noting the fact that no recovery had been effected from him, and there was no evidence to the effect that he would flee from justice or tamper with the witnesses if he was released on bail.
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