Alok Singh, J. - (1.) THIS is a petition seeking anticipatory bail in case FIR No. 65, dated 26.05.2008, under Sections 279, 337, 338, 427 of the Indian Penal Code, registered at Police Station City Nawanshahr (now Shaheed Bhagat Singh Nagar, District Shaheed Bhagat Singh Nagar).
(2.) THE brief facts of the present case are that Petitioner was facing trial pursuant to the FIR No. 65 dated 26.05.2008, however, Petitioner could not appear before the Trial Court on 22.03.2011 because Petitioner had gone to Gujarat where he fell sick and was admitted in hospital and remained under treatment. Learned Trial Court marked absent of the Petitioner and issued warrant of arrest on 22.03.2011. Petition seeking anticipatory bail under Section 438 Code of Criminal Procedure can be moved only when offences are non -bailable. Anticipatory bail application is not maintainable for bailable offences.
(3.) LEARNED Counsel for the Petitioner has vehemently argued that since on 22.03.2011 arrest warrants were issued against the Petitioner for the absence of the Petitioner, therefore, application seeking anticipatory bail is maintainable. Learned Counsel has further argued that learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar has entertained the petition for anticipatory bail and has dismissed the same on merits, therefore, present petition seeking anticipatory bail is maintainable. Learned Counsel further states that now case is fixed for 04.05.2011 before the learned Trial Court.;