No provision for interim bail under CrPC, UAPA: Punjab and Haryana Court

Tribune News Service

Chandigarh, August 30

The Punjab and Haryana High Court has made it clear that there is no provision for granting interim bail to an accused either under the Code of Criminal Procedure Code (CrPC) or the Unlawful Activities Prevention Act (UAPA).

“There is no provision either in the CrPC or in the special statute, whereby this court is bestowed with any jurisdiction to grant any interim bail,” the Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari asserted.

The Bench also made it clear that the regular bail under Section 439 of the CrPC was the only bail provision applicable under the UAPA. “The provisions as occur in the CrPC, which but are applicable to the special statute concerned, do purvey a privilege to the accused to claim regular bail in terms of Section 439 of the CrPC,” the Bench asserted.

The judgment is significant as the Bench, in the process, disagreed with the ruling of another Bench in the case of “Manjeet Singh versus the State of Punjab”. It was, among other things, held it is held that an accused ought to be released on interim bail on conclusion of investigation and filing of challan, if decision on sanction was not taken and communicated within the period specified in the rules.

Referring to a Supreme Court judgment, the Bench asserted its plain reading indicated that delay in the progression of the trial, if caused by undue delay in presenting the sanction order before the Special Judge, might not necessarily violate the right to a fair and speedy trial as guaranteed by Article 21 of the Constitution of India.

The Bench was of the opinion that the sanction order was crucial for the trial judge to take cognisance of the final investigation report filed under Section 173 of the CrPC by the investigating officer. Therefore, any delay in placing the sanction order on record did not violate Article 21 of the Constitution, nor does it give the accused the right to claim statutory default bail under Section 167(2) of the CrPC.

The Bench also dismissed an appeal under the provisions of the National Investigation Agency Act against Moga Additional Sessions Judge’s order declining interim bail to an accused.