In a petition for anticipatory bail in an IPC case, the High Court dismissed the plea holding that the petitioner, having jumped bail for five years and being a proclaimed offender, disentitled himself from this discretionary relief.
Anticipatory bail plea dismissed; no benefit of anticipatory bail extended.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc. No. M-11688 of 2009
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-11688 of 2009 Date of decision: May 11, 2009
Jugal Kishore Gulati
-Petitioner
Versus
State of Haryana -Respondent
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. Narender Hooda, Advocate, for the petitioner.
Rajan Gupta, J.(Oral)
This is a petition for grant of anticipatory bail in a case registered against the petitioner under Sections 409/420 IPC at police station Mulana, District Ambala vide FIR No. 144 dated 28.6.2000.
The allegation against the petitioner is that he did not hand over record of Gram Panchayat Tepla and had misappropriated the amount of vouchers No. 28 and 32. The FIR was lodged on the complaint of Block Development & Panchayat Officer, Barara and search of the house of the petitioner was also conducted.
Thereafter challan was presented before the competent court and the trial ensued. The petitioner kept on appearing before the trial Court till the year 2004, whereafter he jumped bail.
Learned counsel submits that the petitioner is ready to surrender before the trial Court to face trial, however, he may be granted the concession of anticipatory bail.
After hearing the learned counsel, I do not find it a fit case for
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Criminal Misc. No. M-11688 of 2009
grant of concession of anticipatory bail. The petitioner jumped bail in the year 2004 and thereafter remained absent for a period of 5 years. During the interregnum, he was declared a proclaimed offender. Conduct of the petitioner is such that he has disentitled himself for discretionary relief of anticipatory bail. I, therefore, do not deem it fit to extend the benefit of anticipatory bail to the petitioner. The petition is hereby dismissed.
[Rajan Gupta] Judge
May 11, 2009. 'ask'
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who jumped bail in 2004 and remained a proclaimed offender for 5 years.
Jugal Kishore Gulati
State of Haryana
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
