Petitioner seeking anticipatory bail under Section 438 CrPC (implied context) in a case involving IPC 379 and Mines Act 1957. Petitioner was declared a proclaimed person and failed to appear before the trial court as ordered. The High Court found no ground for bail and dismissed the petition.
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204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-29328 of 2017 Date of decision: 27.09.2017
Sarabjit Singh
....Petitioner
Versus
State of Punjab ....Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Ms. Prabhjot Kaur, Advocate for Mr. K.S. Sandhu, Advocate for the petitioner.
Mr. K.S. Sidhu, DAG, Punjab.
ARVIND SINGH SANGWAN J. (Oral)
The petitioner prays for grant of bail in anticipation of arrest in FIR No.32 dated 11.03.2015 registered under Section 379 IPC and 21 of the Mines and Minerals Act, 1957 at Police Station Sidhwan Bet, District Ludhiana.
Vide order dated 11.08.2017, it was directed that the petitioner will appear before the trial Court on 18.08.2017 and the trial Court will release him on interim bail subject to his furnishing fresh bail/surety bonds and also subject to depositing costs of Rs.15,000/-.
The petitioner was declared as proclaimed person by the trial Court on 31.07.2017. Thereafter, the present petition was filed.
Counsel for the State, on instructions from HC Harpal Singh, submits that the petitioner has not appeared before the trial Court in pursuance to the order dated 11.08.2017.
In view of the above, no ground for grant of anticipatory bail to the petitioner is made out.
Dismissed.
(ARVIND SINGH SANGWAN) JUDGE
27.09.2017 yakub
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Mohd. Yakub 2017.09.27 16:31 I attest to the accuracy and authenticity of this document Chandigarh
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner declared as a proclaimed person who failed to appear before the trial court.
Whether the petitioner has made out any ground for the grant of anticipatory bail.
Whether the present petition for bail should be dismissed considering the petitioner's non-cooperation.
Sarabjit Singh
State of Punjab
Arvind Singh Sangwan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
