SOHAN LAL KASHYAP Vs. DELHI STATE

JUDGEMENT

(1.) This is second application under Section 438 of the Code of Criminal Procedure (for short, 'Cr.P.C.') for grant of pre-arrest bail in the case FIR No .549/2001, under Section 379 IPC and Sections 39/44 I.E.Act, P.S.Sangam Vihar. The allegations are of direct theft, by-passing the single point delivery meter having sanctioned load of 600 KM..

(2.) By order dated 21st November, 200, . passed in Crl.M.(M).No.4066/2001, petitioner's first application for grant of anticipatory bail, in the above-noted case, was declined observing :-

(3.) Petitioner did not surrender. However, on 28th January, 2002, he filed a petition under Section 482 Cr.P.C. seeking quashing of the above FIR and the proceedings arising therefrom. In the said petition, there was no averment that petitioner had earlier filed an application for grant of pre-arrest bail which was dismissed by this Court. On 28th January, 2002, on oral prayer for bail made by learned counsel for petitioner, notice was issued to the respondents for 7th February, 2002. On 7th February, 2002, the petition for quashing of FIR was dismissed by Hon'ble Mr.Justice R.S.Sodhi holding:-