Bishamber Singh @ Vishambhar Singh vs The State of Haryana

Rekha Mittal, J.—The petitioner prays for grant of bail in anticipation of arrest in FIR No. 104 dated 15.4.2013 for offence under Sections 406, 467, 468, 471, 379 IPC registered at Police Station Beri, District Jhajjar. Counsel for the petitioner submits that the petitioner was allowed interim bail by the Court of Additional Sessions Judge, Jhajjar vide order dated 15.6.2013. It is further submitted that notice u/s 160 of the Code of Criminal Procedure purported to be issued to the petitioner, was never received by him rendering him unable to appear before the Investigating Officer and subjected himself to polygraph/lie detection test. Further contended that the petitioner is ready to appear before the Investigating Officer on any date fixed by this Court and he will comply with the terms and conditions subject to which he may be allowed benefit of bail in anticipation of arrest.

I have heard counsel for the petitioner and perused the case file.

A perusal of the order dated 15.6.2013 passed by the Additional Sessions Judge, Jhajjar would reveal that the petitioner was allowed interim bail till 15.7.2013 on furnishing personal and surety bonds in the sum of Rs. 3,00,000/- with a condition that he will report to the Investigating Officer on or before 22.6.2013 for conducting polygraph/lie detection test and will give no objection for the same.

Indisputably, the petitioner never put in appearance before the Investigating Officer on or before 22.6.2013. The plea of the petitioner that he never received notice sent u/s 160 Cr.P.C. is of no relevance in the circumstances when there was a specific direction issued by the Court for his appearance before the Investigating Officer on or before 22.6.2013. It is none of the plea of the petitioner that he was not aware of the order of interim bail granted by the Court.

As the petitioner failed to comply with the directions issued by the Court of Additional Sessions Judge, Jhajjar, he does not deserve to be given the benefit of bail in anticipation of arrest, a concession to be allowed by the Court. In view of what has been discussed hereinabove, the petition is dismissed.