Ajaypreet Singh Bains v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 30.08.2022 AJAYPREET SINGH BAINS ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Suneet Pal Singh Aulakh, Advocate for the petitioner.

Mr. Sanjeev Soni, Addl.A.G.Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail in case bearing FIR No.128 dated 16.05.2021 registered under Sections 188, 269, 160, 294 IPC and Section 51 (b) of Disaster Management Act, 2005 at Police Station Division No.6, District Ludhiana.

At the time of issuance of notice of motion on 11.07.2022, following order was passed by this Court:- "It is submitted that application filed by the petitioner seeking exemption from personal appearance was rejected by the learned Judicial Magistrate Ist Class, Ludhiana, in an unjustified manner and at the same time bail bonds and surety was cancelled with non-bailable warrants being straightway issued. It is submitted that petitioner, who

-2is a student undertakes to appear before the learned trial Court on each and every date fixed and not seek exemption from personal appearance on any frivolous ground. Such an application would be filed only in case of some extreme emergency. It is further submitted that learned Additional Sessions Judge, Ludhiana, has wrongly observed in order dated 25.05.2022 that the petitioner is involved in FIR No. 180 dated 10.07.2021, whereas the petitioner is not an accused in the said case.

Notice of motion.

Ms. Sunint Kaur, AAG., Punjab, accepts notice on behalf of the respondent-State and prays for some time to verify the same.

At request, adjourned to 30.08.2022. In case, petitioner appears before the learned trial Court within one week from today, he be admitted to interim bail till the next date of hearing in this petition on his furnishing bail bonds and surety to the satisfaction of the said Court.

( LISA GILL ) JUDGE July 11, 2022."

Learned counsel for the petitioner submits that in compliance of the aforesaid order, the petitioner has appeared before the trial Court within the time prescribed and has also furnished the bail bonds. The trial Court has admitted the petitioner on interim bail in view of order dated 11.07.2022. Learned State counsel, on instructions from ASI Kapil

-3Kumar, submits that the petitioner is not an accused in FIR No. 180 dated 10.07.2021. However, he is an accused in other cases. Father of the petitioner is also an accused in the present FIR.

Since the petitioner has already appeared before the trial Court and has been admitted to interim bail, therefore, I deem it appropriate to confirm the order dated 11.07.2022 passed by this Court.

In view of above, the interim order dated 11.07.2022 is made absolute. Petitioner shall keep on appearing before the trial Court on each and every date without any fail. Petition stands disposed of.

(RAJ MOHAN SINGH) JUDGE 30.08.2022 anita Whether speaking/reasoned Yes/No Whether reportable Yes/No