Petitioner sought pre-arrest bail under Section 438 Cr.P.C. in a complaint case. The petitioner surrendered before the trial court and furnished bail bonds pursuant to an interim order. The High Court allowed the petition and made the interim order absolute.
Petition allowed; order dated 06.07.2009 made absolute.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M-17583 of 2009 Date of decision : 10.11.2009
Madan Saini
....Petitioner
V/s
Sunita Saini
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Sandeep S. Majithia, Advocate for the petitioner.
None for the respondent.
RAJAN GUPTA J. (ORAL)
This is a petition under Section 438 Cr.P.C. seeking pre-arrest bail in a complaint case titled as Sunita Saini Vs. Madan Saini and others pending in the court of JMIC, Ambala.
Notice of motion was issued on 06.07.2009 and it was directed that in case petitioner surrenders before the trial court, he shall be admitted to interim bail to its satisfaction. According to the report from the registry, service on the respondent is complete. However, none has put in appearance on behalf of the respondent. Learned counsel for the petitioner submits that pursuant to order dated 06.07.2009, the petitioner has already appeared before the trial court and furnished the bail bonds. He has placed on record a certified copy of the order dated 22.07.2009 in support of his contention.
In view of the above, the present petition is allowed and order
dated 06.07.2009 is hereby made absolute.
10.11.2009 (RAJAN GUPTA) Ajay JUDGE
2 issues framed by the court
Whether to allow pre-arrest bail under Section 438 Cr.P.C. upon surrender and furnishing of bail bonds in a complaint case where the respondent has not appeared.
Whether the impugned interim order dated 06.07.2009 be made absolute in light of the petitioner's appearance.
1 provisions across 1 enactments
Madan Saini
Sunita Saini
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
