High Court of Punjab and HaryanaCRM-M/31850/2017allowed

Amrik Singh v. The Central Bureau Of Investigation & Anothers

2017-10-25Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-31850 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31850 of 2017 Date of Decision: 25.10.2017 Amrik Singh ....Petitioner

VERSUS

Central Bureau of Investigation & anr. ....Respondents CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ankur Jain, Advocate for Mr. C.S. Bakhshi, Advocate for the petitioner.

Mr. Sumeet Goel, Advocate Retainer counsel for respondent-CBI.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in the cross-version case recorded for offences punishable under Sections 307, 452, 459, 148 read with Section 149 of Indian Penal Code (for short 'IPC') and Section 27 of the Arms Act in FIR No. 56 dated 19.12.2010, registered at Police Station Balongi, SAS Nagar, subsequently registered as RC 0512012(S)/2009 dated 13.12.2012 for offences punishable under Sections 302, 307, 148, 149 read with Section 120-B IPC and 25/27 of the Arms Act, at Police Station CBI/SCB, Chandigarh.

Heard.

Learned counsel for the petitioner submits that the petitioner had been regularly appearing before the trial Court but could not appear on 16.08.2017 and sought exemption, which was declined by the trial Court on the ground that on earlier date(s), co-accused have sought exemption. Jitender Kumar 2017.10.26 17:14 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-31850 of 2017 -2Learned counsel appearing for respondent-CBI submits that intention of petitioner on 16.08.2017 was to delay disposal of the case as on earlier date(s), the co-accused have sought exemption from appearance. It is a case of cross-version. This fact is not denied that the petitioner had earlier been regularly appearing before the trial Court. Keeping in view above facts but without expressing any opinion on merits of the case, the instant petition is allowed and order dated 29.08.2017 is made absolute subject to the condition that petitioner will keep on appearing before the trial Court on each and every date of hearing. In the event of his not appearing before the trial Court on any of the date, the concession of bail allowed to him shall stand withdrawn. October 25, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.10.26 17:14 I attest to the accuracy and integrity of this document CHANDIGARH