High Court of Punjab and HaryanaCRM-M/20314/2018allowed

Ajay Thakur v. State Of Punjab

2018-09-13Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.20314 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.20314 of 2018 (O&M) Decided on: 13.09.2018 Ajay Thakur ....Petitioner

Versus

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

Mr. Ashok Giri, 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 FIR No.83 dated 18.06.2017 registered under Sections 307, 392, 473 read with Section 34 Indian Penal Code (in short 'IPC') (Sections 325, 394, 397, 465, 471, 120-B, 148 and 149 IPC added later) and 25/54/59 of the Arms Act at Police Station Matour, District S.A.S. Nagar. The operative part of the order dated 14.05.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that the petitioner was on bail and was regularly appearing before the trial Court and on 01.05.2018, the case was fixed for appearance of the other accused persons, who are in custody. It is further submitted that the petitioner was going to attend the Court proceedings, however, he met with an accident on his way to the Court. The matter MOHD YAKUB 2018.09.13 16:37 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.20314 of 2018 (O&M) was reported to the police and ultimately, a cyclist, who was hit by car of the petitioner, escaped narrowly and on that account, the petitioner could not attend the Court on 01.05.2018 and his bail/surety bonds were cancelled. Counsel for the petitioner further submits that the petitioner is ready to surrender before the trial Court and apply for fresh bail.

Notice of motion for 13.09.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 14.05.2018, the petitioner has already appeared before the trial Court and he has been released on interim bail. Counsel for the State, on instructions from SI Harbhajan Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 14.05.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 13.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.13 16:37 I attest to the accuracy and authenticity of this document Chandigarh