High CourtDivision BenchSpecial Leave Petition disposed of.

Joginder @ Jindi v. State of Haryana

Case / Petition Number:Special Leave Petition (Criminal) No. 6346 of 2008
Neutral Citation:[2008] 13 S.C.R. 255

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Dr. Arijit Pasayat
  • Harjit Singh Bedi
Judgment Date
2008-09-08
Court Decision / Holding
Special Leave Petition disposed of.
Final Disposition
Special Leave Petition disposed of.

Parties to the Case

Appellants / Petitioners

  • Joginder @ Jindi

Respondents

  • State of Haryana

Legal Representation & Advocates

Counsels for Petitioners

  • • Ranjit Kumar
  • • Subodh Kumar Pathak
  • • Shashi Ranjan
  • • 8. Pattanaik
  • • Dharmendra Kumar Sinha

Case Synopsis & Summary

Joginder @ Jindi v. State of Haryana concerns a Special Leave Petition under Section 438 Cr.P.C. The appellant Joginder, alias Jindi, faced charges alleged to be of a bailable nature, prompting him to seek bail under Section 438 while arrest was imminent or after arrest. The High Court of Punjab and Haryana at Chandigarh, in Criminal Misc. No. M-20367 of 2008, had held that custodial interrogation was necessary. The petitioner's counsel contended that Section 438 is aimed at non-bailable offences; if the offences are bailable, invoking Section 438 is misconceived. The Supreme Court, in a brief judgment by Justices Dr. Arijit Pasayat and Harjit Singh Bedi, reasoned that Section 438 Cr.P.C. is expressly related to non-bailable offences, and therefore a petition under Section 438 in relation to bailable offences is misconceived, even if the offences themselves are bailable. The Court also noted that the custodial interrogation directed by the High Court was not justified. However, it clarified that if the petitioner surrenders and seeks regular bail, such bail would be considered without being influenced by the High Court's observations. The Special Leave Petition is disposed of accordingly, leaving the grant of bail to be determined in the ordinary course, should the petitioner surrender. The judgment emphasizes that bail under Section 438 is not a remedy for bailable offences and that surrender triggers a fresh bail inquiry free from prior observations.

Provisions of Law Cited

Section 438 Cr.P.C.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant submitted that the invocation of Section 438 Cr.P.C. for a bail petition in respect of offences that are alleged to be bailable is misconceived. Since the offences are bailable, the remedy of pre-arrest or post-arrest custodial interrogation under Section 438 is inappropriate. It was contended that the High Court’s direction for custodial interrogation was not justified, as bail remains the proper recourse for such offences and custodial detention cannot be mandated where bail is available. The petitioner further argued that if he surrenders and applies for regular bail, such bail should be considered independently, uninfluenced by the High Court’s observations. The relief sought was disposal of the SLP by recognizing the inapplicability of Section 438 to the present bailable offences and directing a proper bail inquiry on surrender.

Contentions of Respondents

No specific arguments from the respondents are reflected in the provided excerpt. The document records the appellant's contentions and the High Court’s conclusions, but does not present separate respondent submissions in this excerpt.

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Extracted Judgment Text

Exact text extracted from official judgment records.

A _--!_ [2008] 13 S.C.R. 255 ## JOGINDER @ JINDI _v._ STATE OF HARYANA (Special Leave Petition (Crl.) No. 6346 of 2008) SEPTEMBER 8, 2008 B **[DR. ARIJIT PASAYAT AND HARJIT SINGH BEDI, JJ]** _Code of Criminal Procedure, 1973:_ _s. 438_ - _Grant of bail to person apprehending arrest_ - _HELD: A petition u/s 438 in respect of bailable offences is misconceived even if it is accepted that alleged offences are bailable_ - _High Court was not justified that custodial interrogation was necessary- However, if petitioner surrenders and seeks regular bail, the same shall be considered uninfluenced by any observations made by High Court._ CRIMINAL APPELLATE JURISDICTION: Special Leave Petition (Criminal) No. 6346 of 2008 From the final Judgment and Order dated 13.08.2008 of[E ] the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. No. M-20367 of 2008 Ranjit Kumar, Subodh Kumar Pathak, Shashi Ranjan, 8. Pattanaik and Dharmendra Kumar Sinha for the Appellant. The following Order of the was delivered Heard learned senior counsel for the petitioner. Since the petitioner alleges that the offences charged are G bailable offences, the High Court was not justified in holding that custodial interrogation was necessary. Section 438 Cr.P.C. in terms relates to non-bailable offences. Therefore, a petition under Section 438 Cr.P.C. in relation to bailable offences is 255 256 SUPREME COURT REPORTS (2008] 13 S.C.R. - A mis-conceived, even if it is acceptad that alleged offences are bailable. However, if the petitioner surrenders and seeks regular bail, the same shall be considered uninfluenced by any observations made by the High Court. The special leave petition is disposed of accordingly. B R.P. Special Leave Petition disposed of. )