CRM No. M-16312 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-16312 of 2009 (O&M) Date of decision: 01.07.2009 Sulakhan Mal ...Petitioner Versus Dharam Pal Bhagat Advocate ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Rajiv Kataria, Advocate, for the petitioner. Rajan Gupta, J. The prayer made in this petition is for grant of anticipatory bail to the petitioner in a complaint case pending against him in the court of Chief Judicial Magistrate, Gurdaspur, under Sections 420, 427, 506 read with Section 34 IPC. The allegations against the petitioner is that he had promised the complainant that he will get his daughter employed as a teacher in case the complainant would part with Rs.2.00 lacs. The complainant paid Rs.1,00,000/- to the petitioner. However, when daughter of the complainant did not get employment, a complaint was lodged in the court. After recording preliminary evidence, the court decided to summon the accused including the petitioner for offence under Sections 420, 427, 506 read with Section 34 IPC. On issuance of process by the court, the petitioner preferred an application for anticipatory bail before the court of Sessions at Gurdaspur. The same CRM No. M-16312 of 2009 2 was rejected. The petitioner thereafter preferred a second anticipatory bail application before the same court which was dismissed vide order, Annexure P-5. The petitioner thereafter approached this court for pre-arrest bail. The same was, however, withdrawn by the petitioner on May 27, 2009. The order passed therein reads thus: “Counsel submits that he may be allowed to withdraw the present petition for anticipatory bail with liberty to the petitioner to surrender before the trial court and seek regular bail. Dismissed as withdrawn with liberty as aforesaid. In case the petitioner surrenders before the trial court within a week of receipt of a certified copy of this order and applies for regular bail his prayer for bail shall be decided on the same day.” However, it appears that thereafter the petitioner never surrendered before the trial court to seek regular bail. Instead, he has preferred the instant second anticipatory bail petition before this Court on the apprehension that Magistrate shall not release him on bail and he shall be committed to custody. The petitioner has expressed this apprehension in para 12 of the instant petition. However, I am of the considered view that it was open to the petitioner to surrender before the trial court and seek regular bail in view of order dated May 27, 2009 but having not done so, the petitioner cannot maintain the present anticipatory bail petition before this Court. The prayer made by the petitioner in the present anticipatory bail CRM No. M-16312 of 2009 3 petition was considered in the earlier petition (Crl. Misc. No. M-14661 of 2009) on exactly similar grounds and the same was disposed of on May 27, 2009. The instant petition also came up before the Vacation Bench (Kanwaljit Singh Ahluwalia, J.) on June 12, 2009 when following order was passed:- “Earlier prayer of the petitioner for pre-arrest bail was declined by a Coordinate Bench (Rajan Gupta, J.) on May 27, 2009 vide Criminal Misc. No. M-14661 of 2009. There is no cause to renew the prayer, yet list the present case before the same Bench (Rajan Gupta, J.) on 1st July, 2009, after obtaining appropriate orders from Hon'ble the Chief Justice. In the facts and circumstances of the case, the prayer made by the petitioner is misconceived. In view of the order passed by this Court in the earlier bail petition dated May 27, 2009, there is no ground to reconsider the same and pass a fresh order, as prayed for by the petitioner. No merits. Dismissed. (RAJAN GUPTA) JUDGE July 01, 2009 'rajpal'