High Court of Punjab and HaryanaCRM-M/11153/2022allowed

Jasbir Singh Alias Jassi v. State Of Punjab

2022-04-04Ms. Justice Jaishree Thakur2 pages

CRM-M No.11153 of 2022 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.11153 of 2022 (O&M) Date of Decision.04.04.2022 Jasbir Singh @ Jassi

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Raj Kumar Arya, Advocate for the petitioner.

Mr. Pawan Sharda, Sr. DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) CRM No.12573 of 2022 Prayer in the instant application is for correction in the head note as inadvertently, 1st bail application has been mentioned in the same instead of 2nd bail application.

For the reasons stated in the application, the same is allowed. Registry is directed to carry out necessary correction in the head note of the petition.

CRM-M No.11153 of 2022 This is 2nd bail petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.0185 dated 17.10.2020 registered under Sections 406 & 420 IPC at Police Station Sadar Pathankot, District Pathankot.

Learned counsel appearing for the petitioner would submit that after the petitioner had been allowed anticipatory bail, he could not put in appearance on 11.11.2021 and consequently, his bail order has been PANKAJ KUMAR 2022.04.05 12:07 I attest to the accuracy and authenticity of this document

CRM-M No.11153 of 2022 (O&M) -2dismissed. It is submitted that non-appearance before the trial court by the petitioner was wholly unintentional as the counsel had noted the wrong date. It is further submitted that the matter stands investigated and the challan has been presented, therefore, custodial interrogation of the petitioner would not be required.

Learned counsel appearing on behalf of the respondent-State on instructions from ASI Kartar Singh would submit that the petitioner did not put in appearance before the trial court on 11.11.2021, however, he does not dispute the fact that the matter has been investigated and the challan stands presented.

I have heard learned counsel for the parties and have perused the paper book and keeping in view the fact that the investigation has been completed and the challan stands presented, the instant petition is allowed. In the event of his arrest, the petitioner shall be released on anticipatory bail on his furnishing adequate personal/surety bonds to the satisfaction of concerned trial court/Duty Magistrate, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(JAISHREE THAKUR) April 04, 2022 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.04.05 12:07 I attest to the accuracy and authenticity of this document