High Court of Punjab and HaryanaCRM-M/290/2019dismissed

Sukhwant Singh v. State Of Haryana

2019-01-08Mr. Justice Surinder Gupta2 pages

CRM-M-290-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-290 of 2019 (O&M) Date of Decision: January 08, 2019 Sukhwant Singh ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. K.S. Dhaliwal, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.(Oral) This is second petition filed under Section 438 read with Section 482 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.03 dated 07.01.2017 registered for the offences punishable under Sections 323, 506 of Indian Penal Code and 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Guhla, District Kaithal and for quashing of order dated 27.11.2018 (Annexure P-3) passed by learned Additional Sessions Judge, Kaithal, vide which non-bailable warrants of the petitioner have been issued.

Heard.

Petitioner was earlier allowed anticipatory bail vide order dated 17.08.2017. He did not appear on 27.11.2018, as such, his bail bond and surety bond were cancelled.

Learned counsel for the petitioner argues that petitioner sought SACHIN MEHTA 2019.01.09 15:17 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-290-2019 -2permission to visit Pakistan with Jatha, which was allowed vide order dated 21.11.2018 but he could not furnish the required personal bond and surety bond as per order passed by learned Additional Sessions Judge. He had left with Jatha to Pakistan on 22.11.2018. Personal bond and surety bond could not be furnished as he had to report on 21.11.2018 and was not having enough time to do so.

Keeping in view the fact that petitioner has flouted the terms of bail allowed to him, I find no reason to exercise the discretionary power of this Court to extend the benefit of anticipatory bail to the petitioner. This petition has no merits. Dismissed.

However, the petitioner can put forth the plea taken in this petition before the trial Court in his application for regular bail, which will be considered while deciding the application on merits, without being influenced by this order.

( SURINDER GUPTA ) January 08, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.01.09 15:17 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH