Rajwinder Singh v. State Of Punjab
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" Through this petition, the petitioner seeks anticipatory bail in case FIR No.64 dated 03.05.2017, registered at Police Station Bhawanigarh, District Sangrur, under Section 61 of the Punjab Excise Act, 1914.
Learned counsel for the petitioner contends that the petitioner was regularly appearing before the trial Court, but it was only on 13.11.2019, when he could not appear before the trial Court on account of personal difficulty following which his bail had been cancelled and he had been ordered to be summoned through non-bailable warrant for 22.03.2020 i.e. the date when lock down was imposed in the country in a major attempt to contain the rapid spreading coronavirus outbreak. He further contends that vide order dated 27.03.2020 passed by the learned Additional Sessions
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Judge, Sangrur, the petitioner had been directed to surrender before the trial Court within 20 days from that day and in event of doing so, he had been ordered to be admitted to bail to the satisfaction of the trial Court/Duty Magistrate, failing which, the order would cease to have effect. He further submits that the petitioner could not furnish the bonds in pursuance of the order dated 27.03.2020 for want of jamabandi as the concerned office was also closed at that time. Thereafter, the petitioner became ill and his application for extension of time to surrender has been dismissed in a mechanical manner. He further contends that absence of the petitioner was not intentional.
Notice of motion.
On the asking of this Court, Mr. M.S.Nagra, AAG, Punjab, accepts notice on behalf of the respondent-State and contests the present petition.
I have heard the learned counsel for the parties. Admittedly, there is nothing on record to show that the petitioner became ill.
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