P&H HC dismisses bail petition of accused who sought identical reliefs twice; Says granting similar relief under different provisions will amount to recalling earlier order, which is impermissible u/s 362 CrPC

Read Order: Yusuf v. State of Haryana

Monika Rahar

Chandigarh, February 14, 2022:  While deciding an application for grant of anticipatory bail to the petitioner who raised the claim of juvenility in his petition, the Punjab and Haryana High Court has observed that the petitioner tried to circumvent the provisions of law by filing the instant petition instead of approaching the concerned court under the Juvenile Justice (Care and Protection of Children) Act, 2015, even after the dismissal of his earlier petition by the co-ordinate bench of the High Court wherein the arrest warrant issued against the petitioner was challenged on the plea of juvenility. 

The Bench of Justice Anoop Chitkara further added, “… granting similar relief under different provision would amount to recalling its earlier order, which is impermissible under section 362 CrPC. Given above, there is no merit in this petition.” 

The petitioner apprehending arrest in an FIR registered against him under Sections 302, 120-B IPC approached the High Court under Section 438 Cr.P.C. seeking anticipatory bail claiming to be a juvenile.

In this same case, a petition was filed by the petitioner for quashing the order of warrants of arrest issued against him. In this petition, the State Counsel denied the claim of juvenility of the petitioner while submitting that since the petitioner was not arrested, his claim of juvenility could only be ascertained by the Juvenile Justice Board or the competent Court, after considering evidence of the petitioner. 

The co-ordinate Bench of the Punjab and Haryana High Court had dismissed the petition on finding no illegality in the impugned order and also in view of the serious allegations levelled against the petitioner.  

Thus, finding no merit in the case of the petitioner, the petition was dismissed.