Petitioner sought anticipatory bail under Section 438 CrPC in an NDPS case. citing an accident leaving him hospitalized. The court did not decide on the merits but ordered bail if he surrendered within five days upon furnishing fresh bonds.
PETITION disposed; PETITIONER TO SURRENDER WITHIN FIVE DAYS FOR BAIL SUBJECT TO FRESH BOND.
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CRM No.M-10650 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-10650 of 2013 (O&M)
Date of decision : 03.04.2013
Ayush Bharti
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Vishal Munjal, Advocate for the petitioner.
JITENDRA CHAUHAN, J. (Oral)
The present petition has been filed under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail to the petitioner in case FIR No.44 dated 28.03.2011, registered under Section 21 of the NDPS Act, at Police Station Sujanpur, District Gurdaspur.
The learned counsel refers to Annexure P-3 and states that absence of the petitioner is not wilful and intentional, rather on account of circumstances beyond his control. The petitioner met with an accident on 05.11.2012, and remained hospitalized.
Notice of motion.
At the asking of the Court, Mr. Luvinder Sofat, AAG, Punjab, accepts notice. A complete copy of the paper book has been
CRM No.M-10650 of 2013 -2-
handed over to the learned State counsel, in the Court.
Without adverting to the merits of the present case, the
present petition is disposed of with a direction that in case the petitioner surrenders before the trial Court within five days from today, he shall be admitted to bail, subject to his furnishing fresh bail bonds and
surety, to its satisfaction.
03.04.2013 atulsethi
(JITENDRA CHAUHAN) JUDGE
1 issue framed by the court
whether the petitioner should be granted anticipatory bail notwithstanding hospitalization
2 provisions across 2 enactments
Ayush Bharti
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
