VIR SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS application has been filed by Vir Singh, under section 438, Criminal Procedure Code (hereinafter referred to as the Code), praying that anticipatory bail may be granted to him. The application has been opposed by the State Counsel.

(2.) IT has been argued by the learned counsel for the State that the petitioner made an application for anticipatory bail earlier in August, 1977, which was rejected by this Court. He has further argued that thereafter the petitioner went underground and was not available to the police and consequently proclamation was got published against him. According to the counsel, the petitioner remained absconded inspite of the proclamation and, therefore, the Court ordered attachment of his property. He has further brought to my notice that certain recoveries are to be made from him. In the circumstances he submits that he should not be granted anticipatory bail under the provisions of section 438 of the Code. On the otherhand, the learned counsel for the petitioner vehemently urges that while granting anticipatory bail under section 438, these matters should not be taken into consideration. In support of his contention, he referred to a Supreme Court judgment reported in Balchand Jain v. State of Madhya Pradesh, A.I.R. 1977 S.C. 366

(3.) FOR the reasons recorded above, this petition fails and the same is dismissed.