- (1.) This is an application seeking anticipatory bail in case Criminal Complaint No. 45/2 dated 02.03.2002, "Punjab Urban Planning and Development Authority Ludhiana (PUDA) v. Kuldeep Singh and others, pending in the Court of learned Judicial Magistrate First Class, Jagraon, District Ludhiana, under Section 36 of the Punjab Apartment and Property Regulation Act, 1995 (hereinafter referred to as the Act).
(2.) Perusal of the record reveals that the petitioner was on the regular bail. However, on 12.05.2010, the petitioner has moved an application seeking exemption from personal appearance, which was allowed only for 12.05.2010. However, thereafter, petitioner did not appear before the Court. Accordingly, Court has issued non-bailable warrant against the petitioner.
(3.) Section 438 of the Code of Criminal Procedure reads as under :- "438. Direction for grant of bail to person apprehending arrest - (1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely. xxx xxx xxx;