High Court of Punjab and HaryanaCRM-M/24770/2018allowed

Ravinder Kumar Sharma v. M/S Mani Steel Traders And ANR

2018-09-20Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.24770 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.24770 of 2018 Decided on: 20.09.2018 Ravinder Kumar Sharma ....Petitioner

Versus

M/s. Mani Steel Traders and another ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Vishal Sharma, Advocate for the petitioner. Ms. Jyotica, Advocate for Ms. Sumati Jund, Advocate for the respondents. ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in pursuance to the order dated 04.05.2018 passed by the Lower Appellate Court in Criminal Appeal No.918 of 2017, vide which warrants of arrest have been issued against the petitioner on account of his nonappearance before the Court on 04.05.2018. The operative part of the order dated 01.06.2018, 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 convicted by the trial Court in a complaint filed under Section 138 of N.I. Act for a period of two years, vide judgment dated 20.11.

2017 and his appeal is pending before the lower appellate Court in which his sentence has been suspended subject to furnishing bail/surety bonds. Learned counsel for the petitioner submits that on account of noting a wrong date, the petitioner could not appear before the Court on MOHD YAKUB 2018.09.

CRM-M No.24770 of 2018 04.05.2018 and on that count, the lower appellate Court has issued warrants of arrest. Learned counsel for the petitioner further submits that petitioner is ready to appear before the lower appellate Court and apply for fresh bail.

Notice of motion for 28.08.2018...."

Counsel for the petitioner has submitted that, in pursuance of the order dated 01.06.2018, the petitioner has already appeared before the Appellate Court and he has been released on interim bail. This fact is not disputed by counsel for the complainant. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 01.06.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 20.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.20 16:58 I attest to the accuracy and authenticity of this document High Court, Chandigarh