CRM No. M-29379 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-29379 of 2009 (O&M) Date of decision: 24.10.2009 Rajesh Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. G.S. Jaswal, Advocate, for the petitioner. Rajan Gupta, J (oral). This is a second petition under Section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under Sections 406, 420, 506, 120-B IPC at Police Station Pundri, District Kaithal, vide FIR No.107 dated 4th May, 2009. The petitioner had earlier approached this court by way of Crl. Misc. No. M-21028 of 2009 alongwith the co-accused Rajinder Singh and Kiran Rana. The said petition was withdrawn in respect of petitioners Rajinder Singh & Rajesh Kumar, with liberty to surrender before the trial court and seek regular bail. However, Kiran Rana, who was arrayed as petitioner No.3 in the said case, was granted the concession of pre-arrest bail. Learned counsel for the petitioner has argued that the petitioner has no role to play in the commission of crime and thus he is entitled to concession of pre-arrest bail. CRM No. M-29379 of 2009 2 The allegations in the FIR are that accused duped the complainant of an amount of Rs.13.00 lacs by alluring him to send abroad. Learned counsel for the petitioner has not been able to show how this second petition for pre-arrest bail is maintainable, particularly when there is no change of circumstance. It has also not been clarified as to why the petitioner did not surrender before the trial court as stated before this court on 24th September, 2009, when Crl. Misc. No. M-21028 of 2009 was withdrawn in respect of the petitioner. Under the circumstances, I am of the considered view that the present petition is totally frivolous. The petitioner after having withdrawn the earlier petition with liberty to surrender before the trial court and seek regular bail, has again sought pre-arrest bail from this court without assigning any reason. This apart, the FIR was registered on 4th May, 2009 and the petitioner has evaded the process of law for almost six months. I am thus of the considered view that the present petition deserves to be dismissed with exemplary costs. Thus, while dismissing the present petition, the petitioner is burdened with Rs.10,000/- as costs. The amount be remitted to Haryana Legal Services Authority. (RAJAN GUPTA) JUDGE October 24, 2009 'rajpal'