Full Judgment
Crl.Misc.-M-16946 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.Misc-M-No.16946 of 2014 (O&M) Date of Decision: May 26, 2014.
Jaspreet Kaur ....Petitioner Versus State of Punjab.....Respondent CORAM: HON'BLE MR.JUSTICE RAJAN GUPTA Present: Mr.K.S.Brar, Advocate for the petitioner.
Mr.V.Ramswaroop, Addl.A.G.,Pb.
Rajan Gupta, J (Oral) This is a petition under Section 438 Cr.P.C seeking pre-arrest bail in a case registered against the petitioner under Sections 420/120-B IPC at Police Station, Nathana, District Bathinda vide F.I.R.No.92 dated 31.8.2011.
It appears that petitioner earlier filed similar petition, same was decided vide order dated 9.5.2012.
Order reads as under:- “In view of above, petition in respect of petitioner No.1 is dismissed as infructuous.
As regards petitioner No.2, no case for grant of pre-arrest bail is made out.
Petition qua her is dismissed.
In case, however, petitioner No.2 surrenders before the trial court within a week from today and thereafter applied for bail, her plea shall be decided within three days thereafter.”
.
According to learned State Counsel, petitioner never Bhushan Bharat 2014.05.29 15:27 I attest to the accuracy and integrity of this document Chandigarh Crl.Misc.-M-16946 of 2014 2 surrendered before the trial court pursuant to aforesaid order.
This plea is not controverted by learned counsel for the petitioner.
Her non-cooperation is writ large.
Additional Sessions Judge, Bathinda while rejecting her plea for pre-arrest bail has observed as follows:- “To my mind, submission made by applicant Jaspreet Kaur is without merit.
Since, petition was filed by Jaspreet Kaur through her counsel.
So, she cannot be allowed to take lame excuse.
Even then after presentation of report under Section 173 Cr.P.C on 5.10.2012, summons were issued for several times to Jaspreet Kaur by the learned lower Court but her service could not be effected.
It is settled proposition of law that no one can take advantage of his own wrongs.
Once accused/applicant Jaspreet Kaur has failed to comply with order/direction passed by the Hon'ble High Court vide dated 9.5.2012.
So, applicant/accused Jaspreet Kaur is not entitled for the discretionary relief of pre-arrest bail.
Hence, application is without merit and same is hereby dismissed.”
.
Admittedly, FIR was registered way back in the year 2011.
Petitioner has filed second anticipatory bail application after lapse of two yeaRs.This court does not find any ground to grant pre-arrest bail.
Dismissed.
(Rajan Gupta) Judge May 26, 2014.
BB Bhushan Bharat 2014.05.29 15:27 I attest to the accuracy and integrity of this document Chandigarh