High Court Punjab-Haryana High Court

Parminder Singh vs State Of Punjab on 25 February, 2009

Punjab-Haryana High Court
Parminder Singh vs State Of Punjab on 25 February, 2009
Criminal Misc. No. M-32573 of 2008                                     1




      In the High Court of Punjab and Haryana, at Chandigarh.


                  Criminal Misc. No. M-32573 of 2008

                        Date of Decision: 25.2.2009


Parminder Singh
                                                              ...Petitioner
                                  Versus
State of Punjab
                                                            ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Sandeep Arora, Advocate
         for the petitioner.

          Mr. Anter Singh Brar, Deputy Advocate
          General, Punjab, for the State.


Kanwaljit Singh Ahluwalia, J. (Oral)

On 11.12.2008, a Co-ordinate Bench of this Court has passed

the following order:-

“This petition under Section 438 Cr.P.C.

has been filed seeking direction to Learned Judicial

Magistrate Ist Class, Jalandhar to release petitioner

on bail in case FIR No. 588 dated 28.12.2006 under

Sections 452, 323, 294, 506, 34 IPC, P.S. Sadar,

District Jalandhar.

It has been contended that the petitioner is

an accused in case FIR No. 588 dated 28.12.2006

under Sections 452, 323, 294, 506, 34 IPC, P.S.
Criminal Misc. No. M-32573 of 2008 2

Sadar, District Jalandhar. It has been contended

that the petitioner was on bail and was appearing

before the Trial Court. Even on 02.06.2008, the

petitioner had put in appearance with the counsel.

The matter was adjourned to 12.08.2008. When the

petitioner went to attend the hearing on the said date

i.e. 12.08.2008, it was reflected that the presence of

the petitioner had not been marked on 02.06.2008.

Rather bail of the petitioner had been cancelled and

non-bailable warrants of arrest had been issued.

Learned counsel contends that the bonafide of the

petitioner cannot be questioned. Even the counsel is

ready to furnish his affidavit reflecting that indeed

the petitioner appeared with the counsel on

02.06.2008.

Considering the above, issue notice of

motion for 25.2.2009.

The petitioner shall put in appearance

within two weeks from today or the next date of

hearing fixed by the trial Court, whichever is earlier.

The petitioner shall not be taken in custody and shall

be released on bail”.

Mr. Sandeep Arora, Advocate, at bar has stated that

petitioner has complied with the order dated 11.12.2008 and appeared

before the trial Court and was released on interim bail.

For the reasons stated in the order and statement made by
Criminal Misc. No. M-32573 of 2008 3

counsel for the petitioner at bar that within two weeks, the petitioner has

caused appearance before the trial Court, order dated 11.12.2008

passed by a Co-ordinate Bench of this Court is affirmed. Petitioner is

allowed to remain on bail till the conclusion of trial on furnishing fresh

bail bonds. Trial Court will be at liberty to cancel the bail for any breach

of terms & conditions of the bail bonds.

With these observations, present petition is disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
February 25, 2009
“DK”