High Court of Punjab and HaryanaCRM-M/10563/2015allowed

Jaswinder Singh @ Jassa v. State Of Punjab

2015-05-05Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-10563-2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-10563 of 2015 (O&M) Date of Decision: May 05, 2015.

Jaswinder Singh @ Jassa ..........PETITIONER(s).

VERSUS

State of Punjab ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Satnam Singh Gill, Advocate for the petitioner (s).

Mr. Amritpal Singh Gill, A.A.G., Punjab.

******* SURINDER GUPTA, J.(Oral) Heard.

Notice of motion.

On asking of the court, Mr. Amritpal Singh Gill, AAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him. Learned counsel for the petitioner submits that petitioner was declared proclaimed offender in this case on 20.10.2010 and was arrested on 20.06.2014. The trial is in progress and charges have been framed. Co-accused are in custody. The completion of trial will take considerably long time and no useful purpose will be served by keeping the petitioner SACHIN MEHTA 2015.05.06 13:51 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-10563-2015 -2in custody.

Learned State counsel submits that petitioner could be arrested after a period of about five years of registration of FIR. In the event of bail being allowed, he may abscond again. Keeping in view the fact that the trial of the case is in progress and the petitioner is in custody for the last more than ten months, without expressing any opinion on merits, this bail application is allowed. Petitioner Jaswinder Singh @ Jassa is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Faridkot subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh before the trial Court.

c. He shall not leave the country without the previous permission of the Court.

( SURINDER GUPTA ) May 05, 2015.

JUDGE Sachin M.

SACHIN MEHTA 2015.05.06 13:51 I attest to the accuracy and authenticity of this document Chandigarh