Manjit Singh v. State Of Punjab & ANR

CRM No.M-1984 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M- 1984 of 2015(O&M) Date of Decision: January 27, 2015.

Manjit Singh ...... PETITIONER (s)

Versus

State of Punjab and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Amit Dhawan, Advocate for the petitioner.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Petitioner prays for the grant of anticipatory bail in Criminal Complaint No.32107/2003 dated 01.04.2013, titled 'Ranjit Kumar v. Manjit Singh', under Section 138 of the Negotiable Instruments Act pending in the court of learned Sub Divisional Judicial Magistrate, Phillaur, District Jalandhar. It is submitted that petitioner could not appear on 28.10.2014 when the matter was fixed before the learned trial court as he had fallen sick due severe hyper-tension and migraine attack.

There is no medical certificate etc. on record to substantiate this OMKAR SINGH 2015.01.28 11:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-1984 of 2015 [2] argument neither was the same placed before the trial court though an application for exemption from personal appearance is stated to have been moved. Petitioner applied for anticipatory bail before the learned Additional Sessions Judge, Jalandhar which was disposed of on 18.12.2014 directing the petitioner to surrender before the learned trial court within a period of 20 days and his bail application, if any, would be decided by the learned trial court expeditiously.

Petitioner admittedly did not appear before the trial court within a period of 20 days granted to him and has preferred the present petition under Section 438 Cr.P.C..

Keeping in view the facts and circumstances of the case, I do not find any infirmity or irregularity in the order dated 18.12.2014 passed by the learned Additional Sessions Judge, Jalandhar. Petition is accordingly dismissed.

However, in case the petitioner surrenders before the learned trial court within a period of four days from the date of receipt of certified copy of this order, his application for bail, if any, shall be considered and decided by the trial court expeditiously in accordance with law. ( LISA GILL ) January 27, 2015.

JUDGE 'om'

OMKAR SINGH 2015.01.28 11:23 I attest to the accuracy and authenticity of this document Chandigarh