Single judge allowed an anticipatory bail petition under Section 438 CrPC for the petitioner who had appeared regularly before the trial court after non-bailable warrants were issued due to initial non-appearance.
Petitioner shall not be taken in custody but is directed to furnish fresh bail bonds.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM No.M-16512 of 2011(O & M) Date of decision : 15.9.2011
Rakesh Kumar alias Romi ........Petitioner
Vs.
State of Punjab ......Respondent
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
Present:- Mr. Vipin Mahajan, Advocate, for the petitioner
AJAI LAMBA, J (Oral) :
Learned counsel contends that the petitioner did not appear once before the trial Court and therefore, non bailable warrants were issued against him, hence this petition under Section 438 of the Criminal Procedure Code, 1973.
Learned counsel states that in reference to order dated 26.5.2011, the petitioner has appeared before the trial Court and has been regularly appearing thereafter.
Considering the conduct of the petitioner, this petition is allowed. The petitioner shall not be taken in custody.
The petitioner, however, is directed to furnish fresh bail bonds.
(AJAI LAMBA) JUDGE
15.9.2011 akm
2 issues framed by the court
Whether a bail petition should be allowed where the petitioner did not appear before the trial court initially but has subsequently appeared regularly after non-bailable warrants were issued.
Whether the petitioner is entitled to anticipatory bail despite the issuance of non-bailable warrants due to non-appearance.
1 provisions across 1 enactments
Rakesh Kumar alias Romi
State of Punjab
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
