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High Court of Punjab and HaryanaCRM-M/17358/2020allowed

Sandeep Singh @ Sunny @ Talli v. State Of Punjab

2020-07-14Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-17358-2020 (O&M) Date of Decision:-14.7.2020 Sandeep Singh @ Sunny @ Talli ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Lakshay Bector, Advocate for the petitioner. (the aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in Virtual Court) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.08 dated 14.1.2018 at Police Station Haibowal, District Ludhiana under Sections 452, 323, 341, 506, 148 and 149 of Indian Penal Code, wherein offence under Section 307 IPC was added later on.

2.

Notice of motion.

3.

At this stage, Mr. Ajay Pal Singh, DAG, Punjab, upon whom advance copy of the petition had already been served, accepts notice on behalf of the respondent-State.

4.

It is not disputed that the petitioner had been granted regular bail by this Court vide order dated 3.10.2018 passed in CRM-M-42909 of 2018 (Annexure P-2).

PANKAJ KAKKAR 2020.07.14 13:09 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-17358-2020 (O&M) 5.

The petitioner had been regularly appearing before the Trial Court but on account of his absence before the Trial Court on 6.2.2020, his bail was cancelled. The petitioner later on surrendered before the Trial Court on 6.3.2020 and has been in custody ever since.

6.

The learned counsel for the petitioner has submitted that it was on account of a wrong impression regarding date that the petitioner did not appear before the Trial Court on 6.2.2020 resulting in cancellation of his bail and that he himself surrendered on 6.3.2020. It has further been submitted that the petitioner has otherwise been regularly appearing before the Trial Cout. 7.

Having regard to the facts and circumstances of the case and the fact that the petitioner, after cancellation of his bail, had surrendered before the Trial Court and has been behind bars since the last about four months, a lenient view is taken. The petition, as such, is accepted and it is ordered that the petitioner be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

14.7.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.07.14 13:09 I attest to the accuracy and integrity of this document