Rambihari v. State Of Haryana

CRM-M No. 11868 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 205 Case No. : CRM-M No. 11868 of 2020 Date of Decision : August 05, 2021 Rambihari ....

Petitioner vs.

State of Haryana ....

Respondent CORAM : HON'BLE MR. JUSTICE H. S. MADAAN * * * Present :

Mr. Rajesh Nain, Advocate for Mr. Vikram Lakhlan, Advocate for the petitioner.

Mr. Gaurav Bansal, AAG, Haryana.

* * * H. S. MADAAN , J.

(Oral) :

Case taken up through video conferencing.

This petition for pre-arrest bail has been filed by petitioner Rambihari - an accused in FIR No.737 dated 10.11.2017, under Sections 186, 332, 353, 365, 379-B, 506/34 IPC and Section 3 of PDPP Act, 1984, registered at Police Station City Bhiwani, who had been facing trial in the Court of Sessions Judge, Bhiwani but absented from the Court on 17.02.2020. Resultantly, his bonds were cancelled and forfeited to the State and he was ordered to be summoned through non-bailable warrants of arrest. Apprehending his arrest in this case, the petitioner had approached this Court craving for grant of pre-arrest bail which came up for hearing on 20.03.2020, when noticing the contentions raised by his counsel that his MONIKA 2021.08.05 16:30 I attest to the accuracy and integrity of this document

CRM-M No. 11868 of 2020 non-appearance was not intentional or willful but on account of sudden death of his cousin brother and that he was ready and willing to appear in the Trial Court, notice of motion was issued and interim bail was granted to him with a direction to surrender in the Trial Court within seven days from the date of order.

Learned State counsel, on instructions from ASI Sushil Kumar, has stated that the petitioner has not surrendered in the Trial Court so far though he was directed by this Court to do so way back on 20.03.2020. In that way, the petitioner having flouted the order passed by this Court, is not entitled to discretionary equitable relief of pre-arrest bail. Since the petitioner has not surrendered in the Trial Court so far in spite of the directions given by this Court on 20.03.2020, he is not entitled to discretionary relief of pre-arrest bail. Dismissed.

August 05, 2021 (H. S. MADAAN) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2021.08.05 16:30 I attest to the accuracy and integrity of this document