Rakesh Kumar Jain, J. - (1.) BEFORE approaching this Court, the Petitioner had applied for anticipatory bail before the learned Additional Sessions Judge, Ludhiana in which the following order was passed on 25.08.2011: Record of trial court received. Arguments heard. This bail application has been moved by the applicant on the ground that he absented on 10.08.2011 and his non -bailable warrants has been issued by the court. In Crl. Misc. No. 13261 M of 2005, Punjab and Haryana is specifically laid down that the accused against whom non -bailable warrants have been issued during the trial is not entitled for grant of anticipatory bail and however, he can seek remedy available by surrendering in the trial court. In these circumstances, the bail application Under Section 438 Code of Criminal Procedure is dismissed. However, the Petitioner is directed to surrender in the trial court within 10 days and move application for bail explaining the circumstances leading to his absence and in that eventuality, the trial court shall dispose off the bail application on the same day. Lower Court record be returned. File be consigned to the record room.
(2.) ALTHOUGH the learned Counsel for the Petitioner has argued vehemently for grant of anticipatory bail, but I have found No. error in the order dated 25.08.2011 passed by the learned Additional Sessions Judge, Ludhiana. At this stage, it is submitted by him that the period of 10 days granted by the learned Additional Sessions Judge, Ludhiana had already expired, therefore, he may be allowed to surrender before the learned Trial Court on or before 27.09.2011 and the learned Trial Court may be directed to decide bail application of the Petitioner, if so filed, on the same day. I order accordingly.
(3.) THE petition stands disposed of.;