Crl.M.No.M-27126 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-27126 of 2010 (O&M) Date of Decision:September 15, 2010 Seema Phogat .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Arvind Singh, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.48367 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-27126 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.357, dated 3.9.2008, under Sections 302, 216, 120-B, 201, 34 IPC, registered at Police Station Sadar, Bahadurgarh, District Jhajjar. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Jhajjar. Petitioner-accused is facing trial in the aforementioned case before the Court of learned Additional Sessions Judge, Jhajjar. She was granted bail by learned Sessions Judge, Jhajjar, vide order dated 28.1.2009. On 20.8.2010, case was fixed for evidence of the prosecution, when petitioner absented. A perusal of the impugned order shows that four PWs and other accused were also present, however, petitioner absented. A vague application was moved on behalf the present petitioner-accused before the Court taking the plea that she was having threat to her life and hence her appearance be exempted. However, appearance was not exempted by the Court and rather her application was dismissed and the bail was also Crl.M.No.M-27126 of 2010 (O&M) -2- cancelled by passing the impugned order, which reads as under:- “ An application is filed by accused Seema Phogat seeking exemption from personal appearance on the ground that she apprehends danger to her life. Heard on the application. Application is not supported by any material confirming the veracity of the averments made therein. Accordingly, the application in hand is declined. Bail of accused Seema Phogat is hereby cancelled and her bail bonds are forfeited to the State. Now accused Seema Phogat be summoned through warrant of arrest for 1.9.2010. Notice to her surety be also issued for the date fixed. Four PWs present in the Court are discharged for today due to reasons indicated above.” Hence, a perusal of the impugned order shows that no illegality or material irregularity has been committed by learned Additional Sessions Judge, Jhajjar, in passing the impugned order. Petitioner-accused instead of appearing before learned trial Court has moved the present petition for anticipatory bail, which is not maintainable on these facts. It is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Seema Phogat for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 15.9.2010 (Ram Chand Gupta) meenu Judge