Lakhan v. State Of Punjab

CRM-M-2148-2022 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CRM-M-2148-2022 Decided on: 14th February, 2022 Lakhan Petitioner

Versus

State of Punjab Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Naveen Batra, Advocate for the petitioner. Mr. Amit Mehta, Senior Deputy Advocate General, Punjab. **** AVNEESH JHINGAN, J (Oral):

[1] This petition under Section 438 Cr.P.C. is filed seeking anticipatory bail in FIR No. 259, dated 22nd December, 2020 under Sections 328 IPC read with Section 34 IPC (Section 307 IPC was added later on), registered at Police Station Nangal, District Rupnagar. [2] The petitioner was granted bail by this Court on 11th June, 2021, he absented from the trial and non-bailable warrants were issued on 12th November, 2021.

[3] Mr. Naveen Batra, learned counsel for the petitioner submits that absence of the petitioner was not intentional. [4] The Supreme Court in Manish Jain v. Haryana State Pollution Control Board, 2021(1) AICLR 416 has held that even while being on bail, the accused is deemed to be in constructive custody and PANKAJ BAWEJA 2022.02.14 04:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-2148-2022 -2petition under Section 438 Cr.P.C. is not maintainable. [5] In view of the law laid down by the Supreme Court, the present petition is dismissed being not maintainable. [AVNEESH JHINGAN] JUDGE 14th February, 2022
 

1. Whether speaking/ reasoned :

Yes /No

2. Whether reportable :

Yes /No PANKAJ BAWEJA 2022.02.14 04:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh