The petitioner filed a petition under Cr. Misc. No. M-10221 of 2011 claiming wrongful bail cancellation due to a date error. The case was dismissed as withdrawn with liberty to move an application before the Trial Court as per a referenced judgment.
Petition dismissed as withdrawn with liberty to move appropriate application before the Trial Court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-10221 of 2011
Date of Decision: April 05, 2011
Jinder Khan
…Petitioner
Versus
State of Punjab
… Respondent
CORAM: HON’BLE MR. JUSTICE ALOK SINGH
Present: Mr. Ajay Singla, Advocate, for the petitioner.
Alok Singh, J. (Oral)
Learned counsel for the petitioner contends that petitioner was on regular bail in the trial for offences punishable under Section 304-A/279/337/338 of the Indian Penal Code, however, in the trial, 25.11.2010 was fixed which was wrongly noted by the accused-petitioner as 25.01.2011, therefore, petitioner-accused could not appear before the Trial Court on 25.11.2010, consequently, his bail order was cancelled and bail bonds were directed to be forfeited. Learned counsel further states that absence of the accused-
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Crl. Misc. No. M-10221 of 2011
petitioner on 25.11.2010 was not intentional and it was because of noting of wrong date as 25.01.2011. Learned counsel further contends that he may be permitted to withdraw this petition with liberty to move appropriate application before the Trial Court in view of the judgment passed by this Court in the case of Bhupinder Singh Chhabra vs. State of Punjab and another, Criminal Misc.
No. M-770 of 2011, decided on 01.02.2011. Learned counsel further states that petitioner shall appear before the Trial Court on 15.04.2011 and shall move above said application.
Petition is dismissed as withdrawn with the aforesaid liberty. However, petitioner shall appear before the learned Trial Court on 15.04.2011. In the event of moving application as alleged herein above, the same shall be decided in accordance with law, at its own merit, without undue delay, in the light of the judgment passed by this Court in the case of Bhupinder Singh (supra).
April 05, 2011 vkd
( Alok Singh ) Judge
Colour shows how this judgement treated each authority
Bhupinder Singh Chhabra vs. State of Punjab and anotherReferred¶19
Bhupinder Singh Chhabra vs. State of Punjab and another, Criminal Misc. No. M-770 of 2011
Bhupinder Singh Chhabra vs. State of Punjab and anotherReferred¶20
Bhupinder Singh (supra)
Jinder Khan
State of Punjab
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
