Ajaib Singh v. State Of Punjab
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Learned counsel contends that the the petitioner's name surfaced based on disclosure statement of the co-accused, from whom noncommercial quantity of contraband was recovered. He further submits that vide order dated 14.10.2021, the petitioner was admitted to anticipatory bail by learned Additional Sessions Judge, Sangrur. Thereafter, the challan was presented on 7.6.2022, however, the petitioner was not aware of the date of the same, as such was unable to appear before the trial Court. Thereafter, as has been stated in para 6 of the petition, due to some communication gap between the petitioner and his counsel, he could not appear on the date
fixed being an illiterate and had an impression that he has to appear only when the examination of the witnesses would commence in the trial Court. Accordingly, vide order dated 22.7.2022, Annexure P-5, non-bailable warrants against the petitioner were issued for 5.9.2022. Thereafter, he filed an application under Section 438 Cr.P.C. for grant of anticipatory bail, which was dismissed by learned Additional Sessions Judge, Sangrur vide order dated 15.9.2022, being not maintainable. It is the the contention of the learned counsel that non-appearance of the petitioner before the trial Court is neither willful nor deliberate and the same is for the reasons as aforestated. 3+!4, +(*!!) 14..
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shall be deemed to have been dismissed without any reference to this Court.
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