The court, while terming the application as ‘an abuse of the process of the court’, directed the petitioner to pay a fine of Rs. 10,000 within seven days of passing the order. (Representational)Mohali district court has fined a man for filing an anticipatory bail application in a case registered under bailable offences.
The court, while terming the application as ‘an abuse of the process of the court’, directed the petitioner to pay a fine of Rs. 10,000 within seven days of passing the order.
As per details, the court of Additional District and Sessions Judge (ADSJ) Parminder Singh Grewal on Friday passed the order while disposing off a plea filed by Parjinder Singh Sandhu.
Petitioner Parjinder Singh was one of the eight accused booked on October 4 at Kharar (Sadar) police station on the complaint of one Harvir Singh, who alleged that the accused had entered his house forcefully.
While disposing off the application on November 4, the court observed that the perusal of the present bail petition reveals that the FIR in the case has been registered for alleged offences under Sections 447 (criminal trespass), 448 (house trespass), 148 (rioting, armed with deadly weapon), and 149 (unlawful assembly) of the Indian Penal Code (IPC) which are bailable in nature and thus, the present bail petition filed under Section 438 of Criminal Procedure Code (CrPC) for grant of anticipatory bail is not maintainable.
The filing of the present bail petition was an abuse of the process of the court, which has resulted in the wastage of time of the court as more than 113 cases had been listed for the day, apart from another 67 cases of another court, earlier presided over by Harreet Kaur Kaleka, the then Additional District and Sessions Judge(since retired), which were supposed to be additionally heard by the court during the day.
The court ordered, “In view of the above, the present bail petition filed under Section 438 of CrPC. is hereby dismissed as not maintainable, with the costs of Rs 10,000 to be paid by the petitioners in this case with a further direction to them to deposit the aforesaid costs in the Free Legal Aid Fund of the District Legal Services Authority within seven days from today.”