BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this case notice of motion was issued on 30.11.2000 for 5.3.2001. In the meantime, arrest of the petitioner had been directed to be stayed subject to his joining investigation as and when required. This order was passed during the morning session of the Court working hours. However, immediately after lunch break at 2.00 P.M., Mr. Vinod Bhardwaj, Advocate, brought to the notice of this Court that the petitioner in this case had earlier filed an application for anticipatory bail being Crl.Misc. No. 43881-M of 2000. This Crl.Misc. petition had come up for hearing on 27.11.2000. After hearing the learned counsel for the petitioner, the application was dismissed. It was also brought to the notice of the Court that in the earlier application for anticipatory bail, the petitioner had described himself as Gurdev Singh @ Baldev Singh. In the present petition, he described himself as Baldev Singh @ Gurdev Singh. From the above, it becomes apparent that the petitioner had deliberately suppressed from this Court the fact that his earlier application for anticipatory bail had been dismissed. When these facts were brought to the notice of the Court, order passed earlier in the day was directed to be stayed and notice was issued for hearing for today i.e. 12.12.2000.

(2.) IN response to this notice, Ms. Lisa Gill, Advocate, has filed n affidavit bringing on record certain facts. In this affidavit, it is stated that the petitioner did not take the counsel into confidence about the dismissal of the earlier application for anticipatory bail. In fact, the petitioner had kept the counsel entirely in the dark. As soon as she came to know about the situation created by the petitioner, she immediately proceeded to inform this Court about the true state of affairs. However, in the meantime, the meeting of the Full Court had been called and it was not possible for this Court to hear the counsel at this stage. Ms. Lisa Gill has also pointed out that the petitioner is very remorseful and had taken this step only out of his anxiety to remain out of jail on the date of his marriage which was fixed for 3.12.2000. The petitioner has himself filed an affidavit in which it is stated that he had not disclosed to Ms. Lisa Gill, Advocate, about the fact that earlier Crl.Misc. No. 43881-M of 2000, was filed and the same had been dismissed. The petitioner in this affidavit has tendered an unqualified apology for the lapse committed by him.