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.
JUNE 13,2008.