IN THE SUPREME COURT OF  INDIA           CRIMINAL APPELLATE JURISDICTION   

    CRIMINAL APPEAL NO. 829  OF 2002

BALWINDER SINGH & ANR. ..  APPELLANTS

vs.

STATE OF PUNJAB & ORS. .. RESPONDENTS

O R D E R

Heard.

By dated 22nd August,  2001,  a  learned Single  Judge of  Punjab and

Haryana  High  Court  cancelled  the  bail  granted  to  the  appellant  by  another

learned Single Judge of the High Court. The  protection  in  terms  of  Sec.  438

Cr.P.C. was in terms of order dated 30.3.2000 of learned Single Judge.

We have heard learned counsel for the parties. As has been held by

this Court in Adri Dharan Das vs. State of West Bengal [ 2005(4) SCC p.303],

grant of protection under Sec.438 Cr.P.C. is not for an indefinite period.  Within

the time to be stipulated in the order prayer for regular bail has to be made and

considered on merit.  Therefore, we direct that the order dated 30.3.2000, as was

originally passed by a learned Single Judge, shall be operative for a period of six

weeks within which period the appellant shall seek regular bail in terms of what

has been stated in aforesaid decision of this Court.

The Criminal Appeal is disposed of  accordingly.

.......................J. (Dr.ARIJIT PASAYAT)

 ......................J.   (P.P. NAOLEKAR)

NEW DELHI;

JUNE 13,2008.