Sewak Nath v. State Of Punjab

CRM-M-12671 of 2021 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12671 of 2021 (O&M) Date of Decision: 14.07.2021 Sewak Nath ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Inderjit Sharma, Advocate for the petitioner. Mr. Sarabjit Singh, AAG, Punjab.

HARINDER SINGH SIDHU, J Crl.M.No.18151 of 2021 Prayer is for listing the case to some actual date of hearing. Notice of the application.

Sh. Sarabjit Singh, AAG, Punjab accepts notice on behalf of respondent-State of Punjab.

Heard.

For the reasons recorded in the application, which is supported by an affidavit, the same is allowed and case is taken up for hearing today itself.

Main case Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in FIR No. 0069 dated 09.10.2018, under Section 379B IPC, registered at Police Station Ghuman Kalan, District Gurdaspur. The allegation against the petitioner is that he snatched the earring of the complainant and fled away on a motorcycle. During investigation the petitioner and his co-accused were arrested and the alleged MANOJ KUMAR 2021.07.15 10:10 I attest to the accuracy and integrity of this document

CRM-M-12671 of 2021 (O&M) #2# snatched earring was recovered. Thereafter, the petitioner was granted regular bail. On completion of investigation challan was filed. After the concession of bail, the petitioner was regularly appearing before learned trial Court. On 13.03.2019, the petitioner and his co-accused moved an application for exemption of their personal appearance. The same was declined. However, the petitioner did not appear before learned trial Court on 13.03.2019 because of which his bail was cancelled. The petitioner and his co-accused were summoned through non bailable warrants. Thereafter, the petitioner was declared proclaimed offender vide order dated 19.07.2019. The petitioner was arrested on 08.11.2020.

Taking into consideration the fact that the petitioner had been earlier released on bail and he is in custody since 08.11.2020, no useful purpose would be served by keeping the petitioner behind the bars any more.

Accordingly, this petition is allowed. Petitioner-Sewak Nath be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. July 14, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.07.15 10:10 I attest to the accuracy and integrity of this document