In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 34528 of 2011(O&M) Date of Decision: November 18, 2011 Surjit Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Ritesh Pandey, Advocate, for the petitioner *** Gurdev Singh, J. Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by Surjit Singh-petitioner, for issuance of a direction to the Arresting Officer/ Presiding Officer of the Court for releasing him on bail in the event of his arrest/appearance in FIR No. 48 dated 8.5.2008 registered under Sections 323, 324, 325, 326, 379, 427, 148 and 149 IPC in Police Station Qadian Districrt Gurdaspur. It has been submitted by learned counsel for the petitioner that similar application was moved by the present petitioner and other accused and they were allowed anticipatory bail in the said FIR. For that he has referred to Annexure P-3. He submitted that the position has changed as the petitioner has been declared as Proclaimed Offender and that there is likelihood of his being arrested in spite of the order dated 28.8.2008. Vide the said order, the order dated 4.8.2008 was made absolute. It could not be denied by the counsel for the petitioner that one of Crl. Misc. No. M- 34528 of 2011 -2- the condition incorporated in that order was that the petitioner shall not leave this country without prior permission of the Court and according to him, the petitioner was declared as Proclaimed Offender, as he has gone abroad. When the petitioner has violated such a condition of the order, vide which he was allowed anticipatory bail, he is not entitled to same relief and in fact the second petition for the same relief is not maintainable. Dismissed. (GURDEV SINGH) JUDGE November 18, 2011 PARAMJIT