CRM-M No. 11658 of 2011 **** Aas Mohammad vs. State of Haryana Present: Mr.Sachin Mittal, Advocate for the petitioner. **** This is a petition for anticipatory bail filed in a Criminal Complaint case bearing No. 432 dated 16.07.2003, under Section 500 IPC titled as Jakir v. Sm. Aabida, registered at Police Station Punhana, District Gurgaon. Learned counsel has argued that the petitioner, being in the Army, could not appear before the trial Court in the trial which he was facing along with his wife under Section 500 IPC. The wife was acquitted. Thereafter the petitioner moved this application for anticipatory bail. The same has been declined by the learned Additional Sessions Judge, Fast Track Court, Nuh by observing that the offence under Section 500 IPC is bailable. Learned counsel for the petitioner has stated that the learned Additional Sessions Judge has not taken into account that the petitioner apprehended arrest for having been declared a proclaimed offender. I find that even while recording this finding learned Additional Sessions Judge has held as follows:- “Offence u/s 500 of IPC is bailable. Ld. Trial Court has summoned the applicant for commission of offence u/s 500 of IPC and if applicant appears before Ld. Trial court and he has not already misused the concession of bail, in that situation Ld. Trial court is bound to give bail to the applicant.” In view of the fact that the petitioner was declared a proclaimed CRM-M No. 11658 of 2011 -2- offender, this observation seems to be erroneous. In the circumstances I dismiss this petition but revive the original anticipatory bail application filed by the petitioner before the learned Additional Sessions Judge, Fast Track Court, Nuh and direct that a fresh decision be taken thereon. ( AJAY TEWARI ) JUDGE April 21, 2011 sunita