ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 438 Code of Criminal Procedure seeking prearrest bail in a case registered against the Petitioner under Section 7/10/75 of the Haryana Urban Development Authority Act at Police Station Sarai Khwaja, District Faridabad, vide FIR No. 366 dated 25th September, 2008, wherein his bail bonds have been cancelled and non-bailable warrants have been issued.

(2.) Learned Counsel for the Petitioner submits that in respect of same transaction, two FI Rs were registered against the Petitioner. He was discharged in the first FIR (FIR No. 306 dated 18th October, 2007) but proceedings continued in the other FIR (FIR No. 366 dated 25th September, 2008). According to counsel, in both the cases same saledeeds were referred to by the prosecution. He submits that the Petitioner could not appear in the other case due to bonafide belief that he had already faced the proceedings in the other case. He further contended that Petitioner is ready to surrender before the trial court and face the proceedings and furnish an undertaking that he shall not absent himself from the proceedings of any date in future.

(3.) In view of above, it is directed that in case the Petitioner surrenders before the trial court within ten days from today and furnishes bail bonds, he shall be admitted to bail. This, however, will be subject to his furnishing an undertaking that he shall not absent from the court on any date of hearing in future and/or any other condition deemed fit to be imposed by the court.