Surender Kumar vs State Of Himachal Pradesh
2023 Latest Caselaw 5512 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                                             Cr. MP (M) No. 1134 of 2023




                                                                             .
                                                        Date of Decision: 10.05.2023





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     Surender Kumar                                                            ...Petitioner
                                             Versus
     State of Himachal Pradesh                                             ...Respondent





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     Coram:
     The Hon'ble Mr. Justice Sandeep Sharma, Judge.
     Whether approved for reporting?1 .





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     For the Petitioner :                Mr. Sahil Malhotra, Advocate.
     For the Respondent :                     Mr. Rajan Kahol, Mr. Vishal Panwar
                                              and    Mr.   B.C.Verma,   Additional
                                              Advocate Generals with Mr. Rahul
                     r                        Thakur,    and Mr. Ravi Chauhan,

                                              Deputy Advocate Generals.
     -----------------------------------------------------------------------------------------
     Sandeep Sharma, J. (Oral)

Apprehending arrest on account of being declared

proclaimed offender in case No.32-3 of 14, Regd. No.891 of 14,

under Section 138 of the Negotiable Instruments Act, titled as

Subhash Singla vs. Surinder Kumar, petitioner-accused has

approached this Court in the instant proceedings filed under

Section 438 of Cr.P.C for grant of anticipatory bail.

2. Though, this Court is fully convinced that instant

petition filed under Section 438 Cr.P.C is not maintainable because

petitioner is apprehending his arrest on account of his being

declared proclaimed offender, but having taken note of the fact that

Whether reporters of the local papers may be allowed to see the judgment?

the petitioner is ready and willing to surrender before the Court

below, this Court deems it fit to dispose of the present petition with

.

a direction to the petitioner to surrender before learned Judicial

Magistrate First Class, Solan, District Solan, H.P., on 11.05.2023

at 11.00 AM and till then, he shall not be arrested by the police in

terms of the proclamation issued against him. Ordered

accordingly. However, afore order shall be subject to payment of

cost amounting to Rs. 15,000/- payable to the complainant in the

proceedings under Section 138 of the Act. In case, petitioner fails

to put his appearance before the Court below on the date fixed by

this Court, police would be at liberty to arrest him and cause his

presence before the Court below in terms of the proclamation

issued by the court below. Needless to say, proclamation

proceedings initiated by the Court below shall be decided in

accordance with law.

(Sandeep Sharma) Judge May 10,2023 (shankar)