Capt. Amar Ashok Ramchandani vs State of Haryana and Another

S.S. Saron, J.

Cr. Misc. Nos. 50131 of 2010

Learned Counsel submits that there are mistakes in the FIR, therefore, he may be allowed to withdraw this application.

Dismissed as withdrawn.

Cr. Misc. Nos. 49576-77/2010:

The photostat copy of FIR (Annexure-A.1) attached with the criminal miscellaneous application is taken on record subject to just exceptions.

The criminal miscellaneous stands disposed of.

Learned Counsel for the petitioner has filed correct typed copy of translation of FIR which is taken on record.

Cr. Misc. No. M-27695 of 2010:

The petition was filed in this Court on 18.9.2010 seeking concession of pre-arrest bail as the petitioner apprehended that he is likely to be arrested in a case to be registered on the complaint of Ms. Priyanka Bhakoo with whom his engagement ceremony was also performed at Jaipur on 25.12.2009.

Learned Counsel for the petitioner has contended that when the petition was prepared no FIR had been registered. In any case, the petition was maintainable as in Shri Gurbaksh Singh Sibbia and Others Vs. State of Punjab, it has been held that filing of first information report is not a condition precedent to the exercise of power u/s 438 Cr.P.C. The imminence of likely arrest founded on a reasonable belief can be shown to exist even if a FIR is not yet filed. Learned Counsel has submitted that on the date the petition was filed, case FIR No. 104 dated 18.9.2010 was registered at Police Station Sector 55/56, Gurgaon on the complaint of Priyanka Bhakoo. The copy of the FIR has been taken on record vide separate order passed today.

Learned counsel, therefore, submits that the petitioner may be given some days to approach the Court of Session for the purpose of filing a petition seeking pre-arrest bail as he apprehends imminent arrest in the aforementioned FIR.

After giving my thoughtful consideration to the matter, it may be noticed that the dispute is between the petitioner and his fiancee. Both were working in the MDRL Airlines. When the present petition was filed on the same day FIR has been registered. In the facts and circumstances, it would be just and expedient to give some days to the petitioner to approach the Court of Session at Gurgaon and in the meanwhile he be given interim protection.

Accordingly, the criminal miscellaneous petition is disposed of with liberty to the petitioner to approach the Court of Session for the grant of pre-arrest bail.

However, for a period of seven days the petitioner in the event of his arrest shall be admitted to interim bail on his furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. The petitioner shall file his application seeking pre-arrest bail in the Court of Session at Gurgaon within the aforesaid period and thereafter the learned Sessions Court shall proceed to consider and decide the case on the basis of evidence and material as adduced before it and uninfluenced by this order or any observations made herein.