MANJIT SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) THE petitioners were summoned by the trial Court through bailable warrants in a complaint case for offences under Section 307 read with Section 34 Indian Penal Code. Instead of appearing before the trial Court they sought resort to the provisions of Section 438 Cr.P.C. for anticipatory bail. Their application on was rejected by the concerned Sessions Judge. Thereafter, they approached this Court for anticipatory bail by way of Criminal Misc. 10-M. of 1989 which was declined by K. S. Bhalla, J. on 3-1 1989. Thereafter, even they did not surrender before the trial Court and again approached this Court for anticipatory bail through Criminal Misc. No. 3724-M of 1989. This petition was also rejected by K. S. Bhalla, J. on 10.5.1989. The petitioners, thereafter have filed the present Criminal Misc. petition for releasing them on anticipatory bail on the ground that in view of the ratio of decision of the Division Bench of this Court in Puran Singh v. Ajit Singh and others, 1984(2) Recent Criminal Reports 532 an application for anticipatory bail is maintainable even if the accused are summoned through bailable warrants as they had apprehension to be arrested.

(2.) NO doubt an application for anticipatory bail is maintainable in this case where the accused are being summoned through bailable. warrants yet keeping in view the above referred conduct of the petitioners in evading appearance before the trial Court for little more than 2 years after being summoned and not surrendering after the rejection of their application for anticipatory bail twice as referred above, it is not a case to allow them anticipatory bail in this case. Their petition is, therefore,ordered to be dismissed.