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High Court of Punjab and HaryanaCRM-M/54873/2018dismissed

Gurpreet Singh v. State Of Punjab

2018-12-13Mr. Justice Karamjit Singh2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-54873 of 2018 Date of Decision: 13.12.2018 Gurpreet Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Naveen Batra, Advocate for the petitioner(s).

Shekher Dhawan, J.

Present petition under Section 438 Cr.P.C. for seeking pre-arrest bail to the petitioner(s) in case FIR No. 69 dated 08.07.2014, registered under Section(s) 21)(1) & 4(1) of the Mining & Mineral (Development & Regulation) Act, 1957 and Section 188 & 420 IPC at Police Station Kiratpur Sahib, District Rupnagar.

Learned counsel for the petitioner contended that petitioner is involved in offences which are bailable in nature and he is ready to surrender before the learned trial Judge.

As per view taken by the Hon'ble Apex Court in Lavesh v. State (NCT of Delhi) 2012(4) RCR (Criminal) 240, anticipatory bail by accused, who has already been declared as proclaimed offender, is not maintainable and he is required to surrender before the Court, which had already declared DEEPAK KUMAR BHARDWAJ 2018.12.13 15:17 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-54873 of 2018 him as such. Thus, present petition, being not maintainable, stands dismissed.

(Shekher Dhawan) Judge December 13, 2018 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2018.12.13 15:17 I attest to the accuracy and integrity of this document