Jaswinder Singh v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-23168 of 2016 .....

Date of decision:8.8.2016 Jaswinder Singh .....Petitioner v.

State of Punjab .....Respondent ....

Present:

Mr. B.S. Randhawa, Advocate for the petitioner. Mr. P.S. Paul, Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.84 dated 23.4.2004 registered for the offence under Section 61 of the Punjab Excise Act at Police Station Sadar Roop Nagar, District Roop Nagar.

Notice of motion has been issued in this case. Mr. P.S. Paul, learned Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition. I have heard learned counsel for the petitioner and learned Deputy Advocate General, Punjab appearing for the respondent-State and have gone through the record.

Learned counsel for the petitioner argued that the petitioner has absented in the appeal before the appellate Court and his non-bailable warrants have been issued. He argued that absence of the petitioner was not Harpal Singh Parmar 2016.08.09 17:16 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-23168 of 2016 [2] intentional. He further argued that the petitioenr is a poor person and only bread earner of his family. He also argued that the petitioner has been facing the trial from the year 2004 and he never absented from the trial before the trial Court as well as before the learned appellate Court. Keeping in view the facts and circumstances of the present case and the fact that the petitioner has been facing the trial from the year 2004 and has not misused the concession of the bail, no useful purpose will be served by sending the petitioner to custody.

Therefore, this criminal miscellaneous petition is allowed and the petitioner is directed to appear before the learned appellate Court within ten days, & Court shall release him on bail subject to its satisfaction. August 8, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.08.09 17:16 I attest to the accuracy and authenticity of this document Chandigarh