Single judge granted anticipatory bail by holding it maintainable where non-bailable warrants were issued. Complainant's absence deemed unnecessary for decision; petitioner to bond on release.
Application for anticipatory bail allowed; petitioner ordered to be released on bail on furnishing bonds to trial court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-12888 of 2013 Date of decision: 15.05.2013
Narinder Kumar
... Petitioner
Versus
M/s Assa Singh Engineering Works and another
... Respondents
CORAM: HON'BLE MR. JUSTICE K.C.PURI
Present : Mr.Vishal Aggarwal, Advocate for the petitioner. Mr.K.D.Sachdeva, Addl.AG, Punjab.
K.C.Puri, J.
The complainant has not been served. However, for the decision of the present petition, his presence is not required.
The case of the petitioner is that he appeared before the trial Court on 2.3.2013 and the Court took him as complainant and marked his absent. He has further contended that he applied to the Sessions Judge for anticipatory bail which was declined on the ground that offence is bailable and application for grant of anticipatory is not maintainable under bailable offence.
Since non-bailable warrants have been issued against the petitioner, so application for grant of anticipatory bail is maintainable. The application stands allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the trial court.
15.05.2013 sd
2 issues framed by the court
Whether an application for anticipatory bail is maintainable when non-bailable warrants have been issued against the petitioner.
Whether absence of service on the complainant requires the complainant's presence for disposal of the bail petition.
Narinder Kumar
M/s Assa Singh Engineering Works
K. C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
