(1.) The present second petition has been filed under Sec. 438 of the Code of Criminal Procedure, for the grant of anticipatory bail in FIR No.121 dtd. 4/7/2021, under Sec. 61 of the Punjab Excise Act, 1914 (Ss. 420, 468, 471 and 120-B IPC added later on), registered at Police Station Sahnewal, District Ludhiana.
(2.) At the outset, on a query being put to learned counsel for the petitioner as to how the present petition was maintainable once the petitioner had withdrawn the anticipatory bail application vide order dtd. 22/2/2022 (Annexure P-7) and the present petition has been filed on the very next day i.e. on 23/2/2022, he has submitted that, in fact, the matter was taken up through video conference and he had made a request for withdrawal with liberty to file a fresh petition with better particulars in view of the fact that all the Sec. were not mentioned in the headnote of the petition. However, due to some inadvertence or communication gap due to video conference, the same was not incorporated in the order.
(3.) Since the petitioner has submitted that on account of some communication difficulty due to video conference, the fact seeking liberty could not be conveyed to the Court, this Court deems it fit and proper that it will be in the interest of justice, due to aforesaid factual position, to consider this case on merits.