SATINDER GOEL Vs. SHASHI DIWAN

JUDGEMENT

(1.) PETITIONER is an accused, in a complaint under Section 138 of the Negotiable Instruments Act, registered as Case No. 45 -3 of 2011, pending disposal in the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla.

(2.) THE offence, he allegedly committed, being bailable and a person, accused of a bailable offence, is entitled to be released on bail, under Section 436 Cr.P.C., pending trial, therefore, on furnishing of bail bonds he was ordered to be released on bail. He, however, failed to appear on subsequent date(s). He was even declared proclaimed offender also. On his appearance, he was released on bail on furnishing bail bonds. When again violated the conditions of Bail bonds, non -bailable warrants were ordered to be issued against him. He was arrested and produced before learned trial Magistrate. The application, he filed under Section 437 Cr.P.C., with the prayer for cancellation of the warrant of arrest and the grant of bail, was dismissed by learned trial Judge after taking note of his past conduct and he having jumped over the bail time and again. He was ordered to be remanded in judicial custody vide order dated 2.7.2014, Annexure P -1.

(3.) LEARNED Counsel submits that another application under Section 439 Cr.P.C. registered as Cr. MP(M) No. 835 of 2014 filed in this Court was ordered to be dismissed as withdrawn with liberty reserved to the petitioner to seek remedy in accordance with law. He has placed on record the certified copy of the order so passed in that application.