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High Court of Punjab and HaryanaCRM-M/5169/2024allowed

Ashok Masih v. State Of Punjab

2024-02-29Mr. Justice Alok Jain2 pages

ASHOK MASIH

...Petitioner

Versus

MOHIT 2024.03.01 15:25 I attest to the accuracy and integrity of this document

5.

Considering the fact that seeking detailed reply shall only procrastinate the trial, which is pending since long, the ends of justice would be met if petitioner is granted one opportunity to join the proceedings. 6.

Furthermore, the Hon'ble Supreme Court of India in case titled as "Krishna Sharma @ Krishna Kumar Sharma Vs. The State of West Bengal and another" SLP (Crl.) No. 12829 of 2023, the relevant extract of which reads as under:

"However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence." 7.

Considering the ratio of law as laid down by the Hon'ble Supreme Court of India, the petitioner is directed to surrender before the trial Court on 16.04.2024, the date already fixed and shall be released on bail by furnishing bail bonds and surety bonds already submitted with a fresh undertaking qua the same from the same sureties to the satisfaction of trial Court/CJM/Duty Magistrate concerned.

8.

In light of the above, the present petition stands disposed of and the petitioner is imposed with a cost of Rs. 5,000/- to be deposited in Poor Patients Welfare Fund, PGIMER, Chandigarh, within two weeks from today.

9.

MOHIT 2024.03.01 15:25 I attest to the accuracy and integrity of this document