Parampal Singh @ Pala v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 209 Criminal Miscellaneous No.M-21744 of 2016 (O & M) Date of Decision: July 08, 2016 Parampal Singh @ Pala ..... PETITIONER

VERSUS

State of Punjab ..... RESPONDENT . . .

CORAM:

HON'BLE MR. JUSTICE JASPAL SINGH . . .

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? . . .

PRESENT: - Mr. Amandeep Chhabra, Advocate, for the petitioner. Mr. R.P.S. Sidhu, Assistant Advocate General, Punjab. . . .

Jaspal Singh, J (Oral) 1.

This is a petition preferred under Section 438 Cr.P.C. by the petitioner seeking pre-arrest bail in case FIR No.248 dated October 20, 2014 under Sections 307, 353, 186 IPC and Section 25 of the Arms Act, registered at Police Station, Kotwali, Faridkot.

2.

It is an undisputed fact that the case was fixed before the trial court on April 29, 2016 and on that day, petitioner could not appear, as Avin Kumar 2016.07.11 14:31 I attest to the accuracy and integrity of this document

Crl. Misc. No.M-21744 of 2016 [2] a result of which, his bail/surety bonds have been cancelled and forfeited to the State, and he has been summoned through non-bailable warrants. 3.

Learned counsel for the petitioner has submitted that earlier the petitioner has been appearing on each and every date of hearing and was cooperating the trial. But on April 29, 2016, he could not appear due to illness and in support of his contention he has relied upon certificate/prescription slip, vide which, he was advised rest for two days. Absence of the petitioner does not appear to be intentional or willful, rather it is due to the reason beyond his control. Immediately after issuance of warrants of arrest, he has approached this Court for pre-arrest bail. He also undertakes to cooperate with trial and comply with other conditions imposed upon him in this regard.

4.

Taking into consideration the aforesaid facts and circumstances of the case, the petition is allowed and petitioner is ordered to be released on bail on his furnishing requisite bail/surety bonds to the satisfaction of trial court/Duty Magistrate concerned. (Jaspal Singh) July 08, 2016 Judge avin Avin Kumar 2016.07.11 14:31 I attest to the accuracy and integrity of this document