The single-judge bench dismissed a petition for anticipatory bail under Section 438 Cr.P.C. It held that since the petitioner was declared a proclaimed offender and failed to satisfy the requirements for bail, no ground for antecedent bail was made out.
The petition for grant of anticipatory bail is dismissed.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-14016 of 2009 (O&M) Date of decision: 21.5.2009
Janak
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Gorakh Nath, Advocate, for Mr.Rahul Vats, Advocate for the petitioner.
SABINA, J.
This petition has been filed by Janak under Section 438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of anticipatory bail in case FIR No. 132 dated 19.10.2008, under Sections 15 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Jakhal, District Fatehabad.
The prosecution case, in brief, is that 5 kgs. of poppy husk was recovered from Balwinder Singh. During investigation he disclosed that he had purchased the same from the petitioner.
Learned counsel for the petitioner has submitted that the petitioner was innocent and has been falsely involved in this case.
The petitioner has been declared a proclaimed offender vide order dated 4.4.2009. A perusal of the impugned order dated 21.4.2009 reveals that learned Sessions Judge, Fatehabad, while declining application seeking anticipatory bail by the petitioner, has
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Criminal Misc. No.M-14016 of 2009 (O&M)
observed that the petitioner was also involved in four other cases. Although the petitioner has been acquitted in three cases yet in the present case the petitioner has been declared a proclaimed offende. Hence, no ground for grant of anticipatory bail is made out.
Accordingly, this petition is dismissed.
(SABINA) JUDGE
May 21, 2009 anita
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who was declared a proclaimed offender and facing charges for possession of poppy husk.
1 provisions across 1 enactments
Janak
State of Haryana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
