Sandeep Kumar vs State Of Punjab
2022 Latest Caselaw 12023 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

106
                                            CRM-M-43872-2022
                                            Date of decision : 22.09.2022


Sandeep Kumar                                                  Petitioner

                                V/S

State of Punjab                                              Respondent


CORAM :     HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present:    Mr. Vishavjeet Singh Rishi, Advocate
            for the petitioner.

                                ****

ASHOK KUMAR VERMA, J. (ORAL)

The petitioner has filed the present petition under Section

438 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.')

for grant of anticipatory bail to the petitioner in case FIR No.30 dated

11.03.2022 registered under Section 379 and 411 of the Indian Penal

Code, 1860 at Police Station GRP, District Ludhiana.

Brief facts of the case are that on 11.03.2022 ASI Jagroop

Singh received a secret information that 02 persons namely Vikas

Kumar and Sandeep Kumar (the petitioner), who are habitual of

stealing the articles of travelers from trains, are sitting below the

Wooden Bridge, Near Railway lines at Railway Station, Ludhiana.

Upon which the police party conducted the raid and apprehended Vikas

Kumar and Sandeep Kumar (petitioner). On search 05 mobile phones

were recovered from them.

Learned Counsel for the petitioner submits that the

petitioner was arrested on 11.03.2022 and was granted regular bail by

1 of 3

learned Chief Judicial Magistrate, Ludhiana vide order dated

23.03.2022. The petitioner could not appear before the trial Court on

21.04.2022 as he had noted down the wrong date for appearance as

21.05.2022 instead of 21.04.2022. Due to the absence of the petitioner

non-bailable warrants have been issued against him by the trial Court

on 21.04.2022. Absence of the petitioner in the Court was neither

intentional nor willful. The petitioner undertakes not to remain absent

from the trial in future and and he is ready to surrender before the

Trial Court. The petitioner will abide by the terms and conditions

imposed by the Court.

I have heard learned counsel for the petitioner and gone

through the paper-book.

Perusal of the file shows that no sufficient reason has been

given by the petitioner for his non-appearance before the Trial Court. It

is settled proposition of law that when a person against whom a warrant

had been issued and is absconding or concealing himself in order to

avoid execution of warrant in terms of Section 82 of the Cr.P.C, he is

not entitled to the relief of anticipatory bail. This view of mine is

fortified by the judgment of the Hon'ble Supreme Court in case State of

M.P. Vs. Pradeep Sharma : 2014 (1) RCR (Criminal) 269.

In view of the above and keeping in view the nature of

averment and conduct of the petitioner, I do not deem it fit to extend the

concession of anticipatory bail to the petitioner.

Dismissed.

In case the petitioner surrendered before the trial Court

within 10 days from today, he shall move an application for grant of

2 of 3

bail before the trial Court which shall be decided by the Trial Court

expeditiously in accordance with law.

22.09.2022                                (ASHOK KUMAR VERMA)
kothiyal                                         JUDGE

             Whether speaking/reasoned:              Yes/No
             Whether Reportable:                     Yes/No




                                 3 of 3