Punjab-Haryana High Court
Saurabh Alias Bhairav vs State Of Haryana on 3 February, 2022
Author: Manoj Bajaj
Bench: Manoj Bajaj
CRM-M-4416-2022 1
102 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-4416-2022
Date of decision-03.02.2022
Saurabh @ Bhairav ....Petitioner
Vs.
State of Haryana ...Respondent
CORAM:- HON'BLE MR. JUSTICE MANOJ BAJAJ
Present: Mr. Amandeep Singh Samra, Advocate for the petitioner.
***
MANOJ BAJAJ, J.
Petitioner has approached this Court under Section 438 Cr.P.C seeking anticipatory bail in case FIR No.01 dated 01.01.2019 under Sections 21, 61 and 85 Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Thanesar, District Kurukshtra, whereby regular bail of the petitioner stands cancelled.
During the course of hearing, it is not disputed that the petitioner, who was granted regular bail was well aware of the trial proceedings and had absented on 19.03.2021 thereby compelling the trial Court to cancel his bail and to issue warrants of arrest against him. Subsequently, the proceedings under Section 82 Cr.P.C were also initiated against the petitioner vide order dated 13.07.2021, but the petitioner knowingly disengaged himself from the trial proceedings and has also 1 of 2 ::: Downloaded on - 24-04-2022 15:51:53 ::: CRM-M-4416-2022 2 failed to give a sufficient explanation for his long absence.
Apart from it, admittedly the petitioner was on regular bail, therefore, the present petition under Section 438 Cr.P.C is not maintainable in view of the decision passed by this Court vide order dated 04.04.2019 in CRM-M-15464-2019 titled as Balwant Singh @ Banta Vs. State of Punjab.
Resultantly, this Court is not inclined to extend the concession of extra ordinary concession of pre-arrest bail to the petitioner.
Dismissed.
03.02.2022 (MANOJ BAJAJ)
vanita JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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