CHARAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in first Information Report No. 99 dated 25.6.1993, under Sections 409/467/468/120-B of the Indian Penal Code. The allegations against the petitioner are that in the year 1983 when he was Sarpanch of village Qilla Natha Singh, he embezzled a sum of Rs. 233/- which led to the registration of the aforesaid case. He was granted anticipatory bail on 21.10.1985 by Shri M.L. Single, the then Additional Sessions Judge, Gurdaspur and he continued attending proceedings in the trial Court.

(2.) IT has been averred in the petition that in the month of December, 1992 due to terrorist threats, the petitioner migrated to Uttar Pradesh along with his family with the result that he could not appear in the Court of Trial Magistrate and as a result thereof the anticipatory bail granted to him was cancelled. It has been further averred that in month of February, 1994 on return of normalcy in the law and order situation, the petitioner came back to his village. On meeting his counsel, the petitioner was informed that non- bailable warrants had been issued by the trial Court. He once again filed an application for anticipatory bail before the Additional Sessions Judge, Gurdaspur but the same was declined on 9.3.1994.