High Court of Punjab and HaryanaCRM-M/43302/2018allowed

Jasbir Singh v. State Of Punjab And ANR

2019-02-06Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.43302 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.43302 of 2018 Decided on: 06.02.2019 Jasbir Singh Sidhu ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. K.S. Mehta, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

Mr. Vivek Sharma, Advocate for respondent No.2.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in SC No.450 of 16.10.2014 titled as Paramjit Singh vs Jasbir Singh and another under Sections 307, 326, 323, 34 IPC, Police Station Sadar Ludhiana and also in case any FIR under Section 174-A IPC is registered against the petitioner as per the order dated 18.04.2018 (Annexure P5.) The operative part of the order dated 01.10.2018, 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 on regular bail and was regularly attending the proceedings of the trial Court till 16.10.2017. Thereafter, the petitioner had gone for a tour MOHD YAKUB 2019.02.06 16:18 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.43302 of 2018 with his relatives to Nepal, where he was apprehended and later on, he was released from the custody by the Kathmandu Court on 04.09.2018 and therefore, in the intervening period, the petitioner could not appear before the trial Court and the proceedings to declare him a proclaimed offender were initiated and vide order dated 18.04.2018, it was directed that an FIR under Section 174A IPC be registered. It is further submitted that the petitioner is ready to appear before the trial Court and apply for fresh bail.

Notice of motion for 13.12.2018...."

Counsel for the petitioner has submitted that in pursuance to the order dated 01.10.2018, the petitioner has already appeared before the trial Court and is facing the trial and the case before the trial Court is now fixed for today i.e. 06.02.2019 for final arguments and the trial is likely to be concluded soon.

This fact is not disputed by counsel for the State, on instructions from ASI Gurbakshish Singh.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 01.10.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 06.02.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.02.06 16:18 I attest to the accuracy and authenticity of this document High Court, Chandigarh