4 min readNew DelhiMar 16, 2026 10:29 AM ISTIt is evident that the petitioner deliberately evaded the process of law for over eight years, the Punjab and Haryana High Court noted. (Image generated using AI)Punjab and Haryana High Court news: The Punjab and Haryana High Court has dismissed a second plea for anticipatory bail filed by an accountant accused of financial misappropriation, characterising the repetitive filing as a “stratagem of attrition” and “forum shopping.”While hearing a plea of the accused, Justice Sumeet Goel said that a litigant who approaches the court for the same relief, without any material change in circumstances, engages in a stratagem of attrition that is less a pursuit of justice and more an exercise of testing the waters. Justice Sumeet Goel condemned the accused’s hit-and-try methodology.“Such a practice constitutes a classic case of forum shopping, wherein the litigant treats the halls of justice as a laboratory for speculative litigation,” the court said on March 13.Also Read | ‘No right to claim 3 year leave’: Delhi High Court upholds woman’s job termination after brain tumour surgeryThe order added that this hit-and-try methodology is a malady that must be detested by this court, as it strikes at the very root of judicial propriety.“To permit a litigant to treat the dismissal of a prior petition as a mere interlocutory suggestion, rather than an authoritative pronouncement, is to invite judicial anarchy,” the high court said.BackgroundThe petitioner, Rajesh Mahajan, was employed as an accountant at Sam International, Batala, where he was entrusted with managing the firm’s financial and accounting affairs.It was alleged that Mahajan dishonestly misappropriated approximately Rs 11.15 lakh by transferring firm funds into his personal bank account and diverting cheques intended for external payments.Furthermore, the firm incurred penalties because the petitioner allegedly failed to deposit statutory dues, such as taxes.Consequently, a First Information Report (FIR) was registered in 2017, at Police Station, Civil Lines, Batala, under sections 408 (criminal breach of trust by clerk/servant) and 420 (cheating) of the Indian Penal Code (IPC) (now corresponding to sections 316(4) and 318(4) of the Bharatiya Nyaya Sanhita (BNS).The petitioner’s first attempt at obtaining anticipatory bail was dismissed as withdrawn on March 6, 2018.Although he was later granted regular bail, he failed to appear before the trial court during the post-pandemic period.As a result, he was declared a proclaimed offender on May 29, 2023.The current second petition for pre-arrest bail was filed on March 12, 2026, nearly eight years after the initial proceedings began.Also Read | Who speaks for the caged? How a PIL on animal plight led Gauhati High Court to examine Rs 345 crore Assam zoo upgradeFindingsThe allegations levelled against the petitioner, if proved, constitute criminal breach of trust and cheating.The petitioner has now sought anticipatory bail, primarily on the ground that the matter has been compromised between the parties and that a petition for quashing of the FIR based on the compromise has been filed before this court.The existence of a compromise between the parties cannot, by itself, be a ground2to overlook the conduct of the petitioner who has consciously chosen to evade the judicial process for eight years.The relief under sections 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and 438 of the Code of Criminal Procedure (CrPC) – which pertain to the direction for grant of bail to a person apprehending arrest – is an extraordinary remedy which is granted only in appropriate cases where the court is satisfied that the accused has approached it with clean hands and has not abused the process of law.In the present case, the petitioner remained absent from the proceedings before the court below for a substantial period of time.The hiatus of more than eight years since the registration of the FIR, coupled with the conduct of evading the process of law, disentitles him from seeking the discretionary relief of anticipatory bail.It is evident that the petitioner has deliberately evaded the process of law for over eight years.The process of justice is meant to treat every individual in a manner that is equitable and fair.If the accused chooses to employ irregular and convoluted tactics, it is tantamount to an abuse of the process of justice.While the liberty and dignity of an individual must be held high, no one can be permitted to subvert and cause devolution in the process of justice.Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More © IE Online Media Services Pvt Ltd