IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-37905 of 2010 (O&M) Date of Decision: January 04, 2011 Manjit Singh. …Petitioner Versus State of Punjab and another. … Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be Allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Parveen K. Kataria, Advocate, for the petitioner. Alok Singh, J. (Oral) This is an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail. The brief facts of the present case are that a complaint under Section 138 of the Negotiable Instruments Act was filed before the Magistrate concerned, in which accused-petitioner was summoned. After surrendering before the Magistrate, Magistrate granted regular bail to the accused- petitioner and thereafter, on the date fixed, i.e. 08.11.2010, the accused-petitioner did not appear before the Magistrate, hence, his regular bail was directed to be cancelled. Bail Crl. Misc. No. M-37905 of 2010 bonds and surety was also cancelled. Now, accused-petitioner has filed present anticipatory bail application. Hon’ble Apex Court in the matter of Adri Dharan Das vs. State of West Bengal, reported in 2005(4) S.C.C., 303, has held that anticipatory bail application under Section 438 Cr.P.C. can be moved only before the arrest and not after the arrest. Since, in the present matter, accused has already surrendered before the Magistrate and he was directed to be released on regular bail and thereafter, on his failure to attend the Court on the date fixed, his regular bail was cancelled, hence, present petition seeking anticipatory bail is not maintainable. It is rejected. However, it is directed that the petitioner-accused shall appear before the Magistrate concerned on the date already fixed i.e. 20.01.2011 and the petitioner-accused shall be at liberty to move fresh regular bail before the Magistrate concerned, which shall be disposed of in accordance with law. Disposed of accordingly. January 04, 2011 ( Alok Singh ) vkd Judge 2