High Court of Punjab and HaryanaCRM-M/38976/2018allowed

Paro Bai v. State Of Punjab

2018-12-20Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.38976 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.38976 of 2018 Decided on: 20.12.2018 Paro Bai ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. C.L. Verma, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.181 dated 23.12.2013, registered under Sections 22/25/61/85 of the Narcotic Drug and Psychotropic Substances Act, 1985, at Police Station Sidhwan Bet, District Ludhiana.

The operative part of the order dated 07.09.2018, 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 granted regular bail by this Court, vide order dated 26.04.2018 passed in CRM-M-16412-2018 (Annexure P-2), however, on 18.07.2018, on account of noting a wrong date as 30.08.2018, she could not appear on the actual date of hearing that was 14.08.2018. Consequently, the bail/surety bonds of the petitioner were cancelled. It is further submitted that the petitioner is an old aged lady and she could not appear on the date fixed on account of aforesaid reason.

A perusal of Annexure P-2 shows that on an earlier MOHD YAKUB 2018.12.20 15:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.38976 of 2018 occasion too, the petitioner has jumped the bail and was arrested and later on granted bail, vide order dated 26.04.2018 wherein she has taken the similar grounds. Notice of motion for 20.12.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 07.09.2018, the petitioner has appeared before the trial Court and has deposited the costs of Rs.5,000/-. It is further submitted that the case before the trial Court is now fixed for 14.01.2019 for recording the evidence of prosecution witnesses and the petitioner is facing the trial.

Counsel for the State, on instructions from ASI Vidyaratan, has not disputed the aforesaid fact.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 07.09.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 20.12.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.12.20 15:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh