IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 34250 of 2008 (O&M) Date of decision : January 30, 2009 Sarveshwar alias Jauni ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. Sarfraj Hussain, Advocate for the petitioner Mr. Vikas Chaudhary, AAG Haryana Mr. Ashit Malik, Advocate for the complainant Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.217 dated 29.6.2008 under sections 307, 120-B, 34 IPC and under sections 27, 30 of the Indian Arms Act registered at Police Station Assandh District Karnal. Petitioner is alleged to have given a gun shot injury to Narinder Singh injured. This case was registered way back on 29.6.2008. Since then he is absconding and it is also transpired from the material placed on the file that while granting regular bail to the mother of the petitioner, it was assured by learned counsel for the petitioner that the petitioner shall appear before the Investigating Officer. Criminal Misc. -M No. 34250 of 2008 (O&M) -2- It is well settled that the provisions under section 438 of the Code of Criminal Procedure are to be invoked sparingly and in exceptional circumstances which are lacking in this case. Moreover, taking into consideration the seriousness and the gravity of the offence, the petitioner is not entitled to anticipatory bail. Criminal Misc. is dismissed. ( Pritam Pal ) January 30, 2009 Judge 'dalbir'