High Court of Punjab and HaryanaCRM-M/16335/2018allowed

Ajay Kumar @ Tinku v. State Of Punjab

2018-09-12Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.16335 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.16335 of 2018 Decided on: 12.09.2018 Ajay Kumar @ Tinku ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Naveen Sharma, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.175 dated 20.12.2013, registered under Section 22/61/85 of the NDPS Act, at Police Station Shimlapuri, District Ludhiana City. The operative part of the order dated 21.04.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that the petitioner, for the last about 05 years, is regularly appearing before the trial Court, however, on account of noting a wrong date as 17.04.2018, he could not appear before the trial Court on 17.03.2018 and his bail/surety bonds were cancelled. Counsel for the petitioner further submits that non-appearance of the petitioner is not intentional and is bonafide, as he has noted the date as 17.04.2018, when he went to attend the case and he came to know about the order dated 17.03.2018. It is further MOHD YAKUB 2018.09.12 16:52 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.16335 of 2018 submitted that the petitioner is ready to appear before the trial Court and apply for fresh bail.

Notice of motion for 22.05.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 21.04.2018, the petitioner has appeared before the trial Court and he has been released on interim bail. It is further submitted that the petitioner is regularly appearing before the trial Court.

Counsel for the State, on instructions from ASI Rajinder Singh, has not disputed the aforesaid fact.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 21.04.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 12.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.12 16:52 I attest to the accuracy and authenticity of this document Chandigarh