Avtar Singh vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 78, dated 18.5.2006, under Sections 406, 420 IPC, registered at Police Station Division No. 1, Jalandhar.

I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order dated 20.10.2011 passed by learned Additional Sessions Judge, Jalandhar, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.

Briefly stated, petitioner is facing trial in case FIR No. 78, dated 18.5.2006, under Sections 406, 420 IPC, registered at Police Station Division No. 1, Jalandhar, before the Court of learned Magistrate. He was granted bail. However, he absented on 30.9.2011 and hence, his bail bonds were cancelled and his presence was secured by non-bailable warrants. It has been observed by learned Additional Sessions Judge, Jalandhar, in the impugned order that earlier on 3.8.2011, co-accused Hardev Singh absented and an application for exemption was filed.

The only plea taken by petitioner-accused is that he could not appear as wrong date was noted by him. However, for that petitioner has to move appropriate application for regular bail and satisfy the trial Court. An accused, who absented from the Court and jumps bail is not entitled to extraordinary relief of anticipatory bail. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused.

Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Avtar Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.