Ashok Kumar Diwan Alais Ashok Diwan v. State Of Haryana And Another

-1THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 25.04.2025 Ashok Kumar Diwan @ Ashok Diwan ..... Petitioner

Versus

State of Haryana and another ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Mohan Singh Chauhan, Advocate for the petitioner.

*** RAJESH BHARDWAJ, J.

1.

Present third petition has been filed praying for the grant of anticipatory bail to the petitioner in case bearing FIR No.219, dated 26.03.2021, under Sections 406, 420, 467, 468, 471, 506 & 120-B of IPC, 1860, registered at Police Station Karnal City, District Karnal, Haryana.

2.

Learned counsel for the petitioner has submitted before this Court that the petitioner has been falsely implicated in the present case. He has submitted that earlier to the registration of present FIR, on the same set of allegations, FIR No.1031, dated 04.10.2017 was registered against the petitioner. However the said FIR was cancelled by the Investigating Agencies on 02.01.2019. He has submitted that the dispute between the parties is of a civil nature and thus, prosecution of the

-2petitioner in the present case is nothing but an abuse of the process of the Court.

3.

Heard.

4.

On hearing learned counsel for the petitioner and perusing the record, it is apparent that co-accused of the petitioner, namely, Diwan Tara Chand @ Tara Chand was granted bail by this Court vide order dated 01.04.2022 passed in CRM-M-2563-2022. Thereafter the petitioner earlier approached this Court by way of filing CRM-M No.15335 of 2022 praying for the grant of bail, which was allowed to be dismissed as withdrawn by this Court vide order dated 19.04.2022 by passing the following order, which is as under:

"After arguing for some time, when this Court was not inclined to grant any relief to the petitioners, learned counsel for the petitioners prays for withdrawal of the present petition, at this stage.

Dismissed as withdrawn, at this stage."

5.

From perusing the order passed by this Court earlier on 19.04.2022, it is apparent that the petitioner had withdrawn that petition when this Court was not inclined to grant any relief to the petitioners. Thus it is apparent that the submissions made before this Court by learned counsel for the petitioner had already been taken into consideration by this Court while dealing with his earlier petitions. 6.

There is no gainsaying that the present petition has been filed by the petitioner praying for the grant of anticipatory bail. Learned counsel for the petitioner has failed to convince this Court on the change of circumstances on the basis of which, the present petition could be

-3entertained. The Hon'ble Supreme Court in G.R. Ananda Babu Vs. State of Tamil Nadu, 2021(1) RCR (Criminal) 843 has held that successive anticipatory bail applications ought not to be entertained on specious ground of 'Changed Circumstances'.

7.

Thus this Court is of the opinion that the present petition is not maintainable and hence, the same being devoid of any merit is hereby dismissed.

(RAJESH BHARDWAJ) 25.04.2025 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No