High Court of Punjab and HaryanaCRM-M/25466/2016allowed

Raj Kumar v. State Of Punjab

2016-08-22Mr. Justice Harinder Singh Sidhu2 pages

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

Criminal Misc. No.M-25466 of 2016 .....

Date of decision:22.8.2016 Raj Kumar .....Petitioner v.

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

Present:

Mr. Kapil Khanna, Advocate for the petitioner. Ms. Shivali, Assistant 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.174 dated 21.11.2015 registered for the offences under Sections 380 and 457 IPC at Police Station Bhargo Camp, District Jalandhar.

Notice of motion has been issued in this case. Mr. Shivali, learned Assistant 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 Assistant Advocate General, Punjab appearing for the respondent-State and have gone through the record.

The case of the petitioner is that challan has been presented before the Judicial Magistrate Ist Class, Jalandhar and no intimation was Harpal Singh Parmar 2016.08.23 10:39 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-25466 of 2016 [2] given to the accused by the Police. When he was not able to attend the Court, non-bailable warrants were issued on 25.4.2016. Learned counsel for the petitioner argued that the absence of the petitioner was neither intentional nor wilful. He further argued that in compliance with the order passed by this Court, the petitioner has appeared before the trial Court and he has been released on interim bail by the trial Court.

Keeping in view the facts and circumstances of the present case, I find that no useful purpose will be served by sending the petitioner to custody. The trial of the case will take long time. Therefore, I find merit in this petition and the same is allowed. The interim order dated 28.7.2016 passed by this Court granting interim bail to the petitioner is made absolute.

August 22, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.08.23 10:39 I attest to the accuracy and authenticity of this document Chandigarh