Mukhtiar Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video-conferencing) CRM-M No.24578 of 2021 Date of Decision: 23.09.2021 MUKHTIAR SINGH ......Petitioner Vs STATE OF PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Amit Arora, Advocate for the petitioner.

Mr. Chaman Lal Pawar, Sr. D.A.G., Punjab.

Mr. Pankaj Kalia, Advocate with Mr. Virender Pal Singh, Branch Manager.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.33 dated 22.02.2020 registered under Section 174-A IPC at Police Station Goindwal Sahib, District Tarn Taran.

On 01.07.2021, following order was passed by this Court:- "The case has been taken up for hearing through video conferencing.

Learned counsel for the petitioner contends that

interim bail was granted to the petitioner by the Additional Sessions Judge, Tarn Taran vide order dated 19.03.2020, but the petitioner could not join the investigation due to situation arising out of pandemic COVID-19. Now, prayer for anticipatory bail has been declined vide order dated 23.06.2020. Issue with regard to bank loan has already been settled under One Time Settlement and a loan clear certificate has been issued by The Tarn Taran Primary Cooperative Agricultural Development Bank Limited, Tarn Taran. Compliance of mandatory provisions in terms of Section 82/83 Cr.P.C. would remain debatable as instead of issuing fresh notice of clear 30 days, the Court adjourned the case to await presence of the accused. Notice of motion for 23.09.2021.

In the meanwhile, petitioner is directed to appear before the trial Court at Tarn Taran within 10 days. In the event of his appearance, he shall be granted interim bail on his furnishing adequate bail bonds/surety bonds subject to the satisfaction of trial Court."

Learned counsel for the petitioner has sent photocopies of orders dated 09.07.2021 and 09.08.2021 passed by the SubDivisional Judicial Magistrate, Khadur Sahib. The same are taken on record.

Petitioner has already appeared before the SubDivisional Judicial Magistrate, Khadur Sahib on 09.07.2021. The said order passed by the Sub-Divisional Judicial Magistrate, Khadur Sahib is self-explanatory. The bail bonds and surety bonds were accepted later on vide order dated 09.08.2021. Owing to the circumstances noticed in the orders dated 09.07.2021 and 09.08.2021 passed by the Sub-Divisional Judicial Magistrate, Khadur Sahib, the interim order dated

01.07.2021 is made absolute. However, the petitioner shall keep on appearing before the trial Court regularly. Petition stands disposed of.

(RAJ MOHAN SINGH) September 23, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No