High Court of Punjab and HaryanaCRM-M/40002/2021dismissed

Gurvinder Singh v. State Of Punjab

2021-09-24Mr. Justice Harminder Singh Madaan2 pages

CRM-M-No. 40002 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-No. 40002 of 2021 DATE OF DECISION :- September 24, 2021 Gurvinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Rajinder Singh Rana, Advocate for the petitioner. Mr. Ramandeep Partap Singh, DAG, Punjab.

*** The case has been taken up through Video Conferencing. This is the second petition for grant of pre-arrest bail filed by petitioner Gurvinder Singh, aged 49 years son of Sh. Santokh Singh, resident of Mohalla Guru Nanak Avenue, Hoshiarpur Road, Phagwara, District Kapurthala, an accused in F.I.R No. 20 dated 12.2.2017 under Sections 420, 406 IPC registered with Police Station Phagwara, District Kapurthala. The first petition so filed by him bearing CRM-M-No. 8145 of 2017 was dismissed vide detailed order dated 25.9.2017. The Hon'ble Apex Court in recent judgment G.R. Ananda Babu Versus The State of Tamil Nadu & Anr. arising out of SLP (Crl.) No. 213 of 2021 has observed as under :

"As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the PARVINDER SINGH 2021.09.24 14:55 I attest to the accuracy and integrity of this document

CRM-M-No. 40002 of 2021 investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge."

Thus this petition is not maintainable and is dismissed accordingly. It is observed that the F.I.R was registered on 12.2.2017 and petition for pre-arrest bail filed by the accused was dismissed on 25.9.2017. After passage of four years the local police has not been able to arrest the petitioner.

Learned State counsel on instructions from ASI Jasbir Singh has informed that the petitioner has since been declared a proclaimed offender. Let efforts be made to arrest him in this case at the earliest. (H.S. MADAAN) JUDGE September 24, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2021.09.24 14:55 I attest to the accuracy and integrity of this document