Swarna Shukla-
Published On: September 23, 2021 at 12:40 IST
The Punjab and Haryana High Court while dismissing the Anticipatory Bail Plea of an accused in a Negotiable Instruments (NI) Act Case held that the scope of Anticipatory Bail cannot be extended to cases where such apprehensions of Arrest is on account of jumping Bail.
The Bench of Justice Gurvinder Singh Gill hearing the Plea filed by Pawan Kumar said, “The scope of Section 438 of CrPC cannot be extended to cases where such apprehension of Arrest is on account of jumping Bail.”
Kumar through his Counsel sought grant of Anticipatory Bail with respect to a Criminal Complaint under the said NI Act, wherein his Bail was cancelled on the account of his absence before the Trial Court.
The Accused submitted that his absence was as his son left the House without telling anyone and the whole family was engaged in searching and thus could not appear before the Trial Court on July 6,2019 and thereafter the Trial Court shifted the date to 22 January,2020 and Ordered issuance of Arrest.
On reaching the High Court, the Judge was of the view that the contention has been cooked up by the Petitioner (Kumar) and thus, the Plea was rejected by Justice Gill.
Furthermore, Justice Gill while disposing the matter added, “The Court could not lose sight of the fact that an Accused in certain cases might not be able to appear begore the Trail Court on account of genuine reasons, such as incorrect noting of the date or certain reasons beyond its control.”
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