High Court of Punjab and HaryanaCRM-M/53875/2018disposed of

Manish v. State Of Haryana

2018-12-13Mr. Justice Fateh Deep Singh2 pages

Criminal Misc. No. M-53875 of 2018 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-53875 of 2018 (O&M) Date of decision : December 13, 2018 Manish ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Sandeep Lathar, Advocate, for the petitioner Mr. Gaurav Bansal, AAG, Haryana for the State Fateh Deep Singh, J. (Oral) The allegations against petitioner Manish in this first regular bail application under Section 439 Cr.P.C. are that a case by way of FIR No. 107 dated 3.6.2018 under Sections 342, 376, 354-C, 354-D, 506 IPC and Section 67 of the Information Technology (Amendment) Act, 2008, Police Station Women, Jind was got registered against the petitioner in which he was allowed anticipatory bail by this Court vide orders dated 11.10.2018. The only allegations against the petitioner are that subsequent on 16.11.2018, the petitioner could not appear before the court concerned on account of exigency/circumstance and as a consequence of which his bail orders were cancelled and bail bonds were forfeited to the State and was DALBIR SINGH TIWANA 2018.12.15 10:36 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-53875 of 2018 (O&M) -2sent behind the bars on 26.11.2018.

Mr. Sandeep Lathar, counsel for the petitioner contends that it is only single day default on account of reasons beyond his control that the petitioner could not put in appearance and is behind bars since then. The factual scenario is not displaced by the learned State counsel while fully conceding to this fact.

Appreciating the submissions of the two sides, since the petitioner was allowed anticipatory bail by this Court and on account of single day default he has been sent behind the bars, no purpose will be served by retaining the petitioner in jail. Accordingly, he is ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jind.

The present petition stands disposed off accordingly. ( Fateh Deep Singh ) December 13, 2018 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2018.12.15 10:36 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.