SHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has been declared as proclaimed offender. He has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail.

(2.) Section 438 Cr.P.C. entitles any person, who has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence to apply to the High Court or the Court of Sessions for a direction under this section and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(3.) Petitioner herein is not apprehending his arrest for commission of non-bailable offence, rather apprehending his arrest for declaring him as proclaimed offender by the trial Court for not attending the Court in a complaint filed under Section 138 of Negotiable Instruments Act, after completing procedure prescribed under Section 138 of Negotiable Instruments Act, wherein offence is bailable. Therefore, present petiton is not maitnainiable.