High Court of Punjab and HaryanaCRM-M/46782/2017allowed

Mandeep Singh v. State Of Punjab

2017-12-13Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-46782-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-46782 of 2017 (O&M) Date of Decision: December 13, 2017.

Mandeep Singh ..........PETITIONER(s).

VERSUS

State of Punjab ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vivek Salathia, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 45 dated 23.04.2011 registered for the offences punishable under Sections 489-A, 489-B, 489-C of Indian Penal Code, at Police Station Bhikhiwind, District Tarn Taran.

Heard.

Notice of motion.

On asking of the court, Mr. C.L. Pawar, Sr. D.A.G., Punjab who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

Learned counsel for the petitioner submits that petitioner was on bail in this case but has absented in this case on 28.04.2015. He was Sachin Mehta 2017.12.14 14:12 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-46782-2017 -2declared proclaimed offender on 14.09.2015 and was arrested on 04.03.2017. Now the police has presented the supplementary challan against him on 21.09.2017. Petitioner has suffered for his absence. Keeping in view the period of incarceration of the petitioner and the fact that trial will take considerably long time but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Mandeep Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) December 13, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.12.14 14:12 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH