High Court of Punjab and HaryanaCRM-M/37332/2015dismissed

Ashok Kumar v. State Of Haryana

2015-11-02Mr. Justice S.C. Datta2 pages

-1CRM-M-37332 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-37332 of 2015 Date of decision: 02.11.2015 Ashok Kumar ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. Sachin Gupta Ladwa, Advocate, and Mr. Jitender Saharan, Advocate, for the petitioner. ***** PARAMJEET SINGH, J. (ORAL) This is a petition filed under Section 438 Cr.P.C. for grant of concession of pre-arrest bail to the petitioner in case FIR No.87 dated 27.02.2012 registered under Sections 420, 120-B, 406 IPC at Police Station Yamuna Nagar.

I have heard learned counsel for the petitioner and perused the record.

This is second bail application. Earlier, petitioner was granted anticipatory bail by this Court vide order dated 30.05.2012. After presentation of challan, petitioner was required to appear before the trial RAVINDER SINGH 2015.11.03 14:23 I attest to the accuracy and authenticity of this document

-2CRM-M-37332 of 2015 Court and move for regular bail. However, due to non-appearance before the trial Court, non-bailable warrants were issued against the petitioner. As the petitioner has committed default and has not complied with the orders of the Court, therefore, he is liable to suffer and second pre-arrest bail application cannot be entertained by this Court unless there is material change in the circumstances warranting interference by this Court.

In view of above, present petition is dismissed. However, petitioner will be at liberty to surrender before the trial Court and move application for regular bail. In case the petitioner surrenders and moves appropriate application for regular bail, trial Court shall decide the same in accordance with law within two days.

(Paramjeet Singh) November 02, 2015 Judge R.S.

RAVINDER SINGH 2015.11.03 14:23 I attest to the accuracy and authenticity of this document