High Court of Punjab and HaryanaCRM-M/41679/2019allowed

Sunil v. State Of Haryana

2019-10-03Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.41679 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.41679 of 2019 Decided on: 03.10.2019 Sunil ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Ketan Antil, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.0463 dated 30.05.2015, for offence punishable under Section 406 of the Indian Penal Code (in short 'IPC') registered at Police Station Karnal City, District Karnal.

Counsel for the petitioner has submitted that the petitioner was initially granted the concession of anticipatory bail vide order dated 08.07.2016 and was facing the trial, when he absented from the Court proceedings on 03.01.2017. It is further submitted that thereafter, the petitioner was re-arrested on 20.07.2019 and since then, he is in custody.

Counsel for the State has filed the Custody Certificate today in the Court and as per the Custody Certificate, though the petitioner is not involved in any other case except an FIR registered under Section 174-A IPC on account of his non-appearance before the MOHD YAKUB 2019.10.04 15:26 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.41679 of 2019 trial Court. It is further submitted that the petitioner remained absent for a long time.

In reply, counsel for the petitioner has submitted that on account of some unavoidable circumstances, the petitioner could not appear before the trial Court and since the offences are triable by the Court of Magistrate, he may be granted the concession of regular bail. Without commenting anything on merits of the case, considering the fact that the petitioner is not involved in any other case; the offences are triable by the Court of Magistrate and the conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is directed to be released on regular bail subject to his furnishing bail bonds and two sureties to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate and on payment of costs of Rs.5,000/- to be deposited with the District Legal Services Authority, Karnal for delaying the trial.

The payment of costs shall be a pre-condition before accepting the bail/surety bonds.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 03.10.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.10.04 15:26 I attest to the accuracy and authenticity of this document Chandigarh