Dilawar Singh v. State Of Punjab

2023:PHHC:080935

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 02.06.2023 DILAWAR SINGH ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr.Shivender Pal Singh, Advocate for Mr.B.S.Bhalla, Advocate for the petitioner.

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

**** RAJ MOHAN SINGH, J.(Oral) 1.

The petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.173 dated 17.08.2018, registered under Sections 302, 201, 34 IPC at Police Station Jandiala Guru, District Amritsar. 2.

Learned counsel for the petitioner submits that the petitioner was granted regular bail by this Court vide order dated 09.07.2020. The petitioner was regularly appearing before the trial Court, but due to his arrest in FIR No.404 of 2022 under Section 379 IPC, he could not appear before the trial Court on 07.03.2022 and his bail bonds and surety bonds were

-2cancelled and forfeited to the State. In view of non bailable warrants issued against the petitioner, his custody was secured by means of production warrants on 19.01.2023 and since then he is in custody.

3.

Learned counsel for the petitioner further submits that non appearance of the petitioner before the trial Court on 07.03.2022 could not be attributed to the petitioner. Presence of the petitioner was secured only by means of production warrants and he was arrested on 19.01.2023 and since then he is in custody in the present case.

4.

The Judge, Special Court, Amritsar, while declining the prayer for grant of regular bail, has noticed in para No.4 that the bail of the petitioner was cancelled on 07.03.2022, owing to his absence and his bail bonds and surety bonds were cancelled and were forfeited to the State. Thereafter, he was summoned through non bailable warrants and his presence was secured only by means of production warrants and is in custody since 19.01.2023.

5.

In view of the aforesaid facts, particularly in the light of order dated 09.07.2020, vide which regular bail was granted to the petitioner, I deem it appropriate to grant regular bail to the petitioner.

6.

In view of above, this petition is allowed. The

-3petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate. Nothing expressed hereinabove would be construed to be an expression of opinion on merits of the case. (RAJ MOHAN SINGH) June 02, 2023 JUDGE anita Whether speaking/reasoned Yes/No Whether reportable Yes/No