2008 (11) TMI 740 - SC - Indian Laws

Summary

Issues Involved:
1. Quashing of proceedings u/s 482 of the Code of Criminal Procedure, 1973.
2. Grant of protection u/s 438 of the Code (Anticipatory Bail).

Summary:

Issue 1: Quashing of Proceedings u/s 482 of the Code of Criminal Procedure, 1973

Challenge in these appeals is to the order of learned Single Judge of the Punjab and Haryana High Court. The appellants had filed an application u/s 482 of the Code of Criminal Procedure, 1973 (in short the 'Code') praying for quashing the proceedings in FIR No. 73 dated 15.4.2008 registered in respect of offences punishable under Sections 406, 420, and 120B of the Indian Penal Code, 1860 (in short the 'IPC') in Police Station, Sector 3, Chandigarh.

Issue 2: Grant of Protection u/s 438 of the Code (Anticipatory Bail)

The appellants' prayer for anticipatory bail was based on the premise that the allegations in the complaint are purely of civil nature since arbitration proceedings have been initiated at the behest of both the complainant and CWA much prior to the institution of the criminal case. The High Court noted that this was not a case where any protection in terms of Section 438 of the Code was to be extended.

Legal Analysis:

The facility which Section 438 of the Code gives is generally referred to as 'anticipatory bail'. The distinction between an ordinary order of bail and an order u/s 438 of the Code is that whereas the former is granted after arrest, the latter is granted in anticipation of arrest and is therefore effective at the very moment of arrest. The power exercisable u/s 438 is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty then power is to be exercised u/s 438. Sections 438 and 439 operate in different fields. Section 439 of the Code deals with bail for persons in custody.

Court's Decision:

We dispose of the appeals with the following directions:

(1) The investigation shall be completed within two months unless there is some practical difficulty in completing the same within that period.

(2) The appellants shall, as and when required by the investigating agency, appear before the investigating officer and shall cooperate in the investigation.

(3) If any document is asked for the same shall be supplied unless the appellants are not in possession of the documents.

(4) In case the investigating officer feels that the non-production of documents as called for has any relevance, that can certainly be taken note of while submitting the final form or the charge sheet as the case may be. Needless to say that this order shall be operative till the charge sheet or the final form as the case may be is filed before the concerned court.

The appeals are disposed of.