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 2Sadar, 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”