RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) By this application under section 438 Cr.P.C. petitioner is seeking anticipatory bail, in . the case FIR No.263/2005 under sections 419/420/468/471IPC and section 12 of the Passport Act, 'P.S. IGI Airport, Delhi. This is the third application for grant of anticipatory ' bail. Notice. Mr. Pawan Sharma, accepts notice on behalf of the State.

(2.) When petitioner's first bail application (No. 1498/2005) came up for hearing on 21.7.2005 before Hon'ble MrJustice Pradeep Nandrajog, learned counsel for the petitioner argued the matter for some time and sought permission to withdraw the application. The application was dismissed as not pressed. Petitioner's second bail application (No. 223~/ 2005) came up for hearing on 7.9.2005 before this Court, as there was change of roster in the meantime. Learned counsel for the petitioner, after arguing the matter again sought permission to withdraw the application. It was dismissed as withdrawn. Petitioner did not surrender and has been absconding. This application was filed on 4.1.2006. . Learned counsel submits that earlier two applications were dismissed as withdrawn and that there is no order on merits. It is pleaded that there are fresh grounds; the application IS not mala fide and petitioner is entitled to the relief prayed. The question which arises for consideration is whether the accused can continue to abscond and can he be permitted to seek relief of anticipatory bail, with the change or expected change of Court's roster?. Mr. R.S. Malik, advocate, present in the Court was appointed as an Amicus Curiae to assist in the matter.

(3.) Prosecution allegations are that on 4.5.2005, one passenger Gaurav Pai, an Indian national having passport No. 0568545 dated 29.1.2004 issued by the Delhi Passport Office, reported at counter NO.l at the IGI Airport Immigration Clearance. On scrutiny, his passport was found to be forged. A case was registered and he was put under arrest. He stated that his real name was Gurnek Singh and he was resident of Punjab. His passport was arranged by the petitioner and he also revealed petitioner's name, address, and telephone numbers during interrogation. He further stated that his father had paid money to the petitioner for arranging the passport and that he' had paid only Rs.50,000/- towards the tickets and that he was sent to Spain on 22.4.2005 as a performer in a group, which was led by one Amrik Singh.