JOGINDER @ JINDI v.

STATE OF HARYANA (Special Leave Petition (Crl.) No. 6346 of 2008)

SEPTEMBER 8, 2008 [Dr. Arijit Pasayat and Harjit Singh Bedi, JJ]

The following Order of the was delivered  

Heard learned senior counsel for the petitioner. Since  the  petitioner  alleges  that  the  offences  charged  are  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  mis-conceived,  even if  it  is  accepted  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.