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Judgment
Ram Chand Gupta, J.—Application is allowed subject to all just exceptions. Crf.M.No.M-34709 of 2010.
The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in PFA Case No. BK/PFA/2007 titled Food Inspector V. Tejinder Sethi, u/s 16(1)(a)(ii)of the Prevention of Food Adulteration Act, 1954. dated 10.8.2010. pending in the Court of Chief Judicial Magistrate, Chandigarh. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Chandigarh, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.
Petitioner-accused was facing trial in complaint case titled Food Inspector v. Tejinder Sethi u/s 16(1)(a)(ii) of the Prevention of Food Adulteration Act. 1954. dated 10.8.2010. He was granted concession of bail. However. he absented from the Court on 26.7.2008 and hence his bail bonds and surety bonds were cancelled by learned trial Court. He was also declared proclaimed offender by learned trial Court vide order dated 8.5.2010.
Petitioner-accused misused the concession of bail and has been absconding for the last about 2-1/2 years. Law is well settled that an absconder or proclaimed offender is not entitled for extraordinary relief of anticipatory bail. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner Tejinder Sethi for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.