Present: Mr. Vishal Sharma vs Unknown on 4 December, 2009

           Crl. Misc.No.M-34342 of 2009


     Balwinder Singh & another        vs.   State of Punjab


Present:   Mr. Vishal Sharma, Advocate
           for the petitioners.

                ****

This petition has been filed under Section 438 Cr.PC

for anticipatory bail in FIR No.115 dt. 16.08.2006 under Section

7 E.C.Act at PS Haibowal, Distt. Ludhiana in a situation where the

petitioner states that, due to a mistake in noting the date, he

could not appear on the date fixed, was declared absent and non-

bailable warrants were issued to secure his presence. The

petitioner moved similar application before the ld. Additional

Sessions Judge, Ludhiana who declined the application with a

direction that the petitioner should surrender before the Trial

Court within a period of 10 days, that he may move an

appropriate application for bail before the Trial Court and further

that the Trial Court would decide the same on the same date.

I put it to the learned counsel for the petitioner that

the order was unexceptionable. However, learned counsel states

that it is the apprehension of the petitioner that the ld. Trial

Court may not take him in custody for one or two days as a

routine manner. In my opinion, any such apprehension is

baseless. I have no doubt that if the petitioner is able to make

out a case of genuine mistake there would be no reason for the

Trial Court to decline his bail application. Since the period of 10

days granted by the Addl. Sessions Judge has already expired, it
Crl. Misc.No.M-34342 of 2009 -2-

is directed that the said period shall stand extended upto

10.12.2009.

In these circumstances, this petition is dismissed with

aforesaid observation.

December 04, 2009                         (AJAY TEWARI)
sonia                                         JUDGE