Babbu vs State Of Punjab on 8 July, 2009

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                               Crl. Misc No. M-14956 of 2009
                               Date of decision : 08.07.2009


Babbu
                                                       ....Petitioner

                                       V/s


State of Punjab
                                                       ....Respondent

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Ritesh Pandey, Advocate
for the petitioner.

Ms. Samsi Dhir Malhotra, AAG Punjab.

RAJAN GUPTA J. (ORAL)

Counsel submits that name of the petitioner does not figure in

the statement made by the prosecutrix under Section 164 Cr.P.C., Annexure

P-I. Counsel further submits that the original FIR was lodged by grand

father of the prosecutrix, in which the petitioner was named only on the

basis of suspicion. According to the counsel, now the petitioner has been

summoned under Section 319 Cr.P.C. by the trial court merely on the basis

of statement initially made by complainant i.e. grand father of prosecutrix.

Learned counsel for the petitioner submits that pursuant to order dated

29.05.2009, petitioner has already surrendered before the trial court and

furnished the bail and surety bonds.

Learned counsel for the State does not dispute the fact that the

petitioner has appeared before the trial court and furnished the bail and

surety bonds.

Under the circumstances, this petition is allowed and order

dated 29.05.2009, passed by this Court is made absolute. It is however,
Crl. Misc No. M-14956 of 2009 -2-

directed that petitioner shall furnish an undertaking before the trial court

that he shall not default in appearance on any date in future during the

pendency of the trial failing which bail bonds furnished by him shall stand

forfeited.

08.07.2009                                              (RAJAN GUPTA)
Ajay                                                       JUDGE