In an interim bail petition arising from non-availability of bail bonds after an earlier order, the Court held the interim bail granted by the trial court following surrender and release to be absolute upon fulfillment of conditions.
Prayer for grant of interim bail made absolute upon surrender and release in compliance with the court's order.
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CRM-M 11297/2016
102
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:21.04.2016
Parvinder Kumar
.............Petitioner
v.
State of Punjab
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Sandeep Arora,Advocate for the petitioner Mr.Kirat Singh Sidhu,DAG Punjab with ASI Naunihal Singh
Jaswant Singh,J.(Oral)
Prayer is for grant of anticipatory bail in case FIR No.36 dated 10.5.2010 for offences punishable under Sections 406, 420 IPC, PS Lambra,District Jalandhar.
The allegations against the petitioner are that he had cheated the complainant Hargulal for a sum of Rs. 5 lacs on the pretext of sending his son to England.
The petitioner was arrested and granted regular bail.
For his non-appearance during the trial on 5.10.2015 due to
alleged wrong noting down of the date, his bail bonds were cancelled and non-bailable warrants of arrest issued. On an application the learned Additional Sessions Judge, Jalandhar vide order dated
RAJINDER PRASHAD JOSHI 2016.04.21 17:56 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
CRM-M 11297/2016
102
16.11.2015 extended the benefit of seeking interim bail in case the petitioner surrendered and furnished bail bonds on or before 02.12.2015.
The aforesaid relief in terms of the order dated 16.11.2015 could not be availed due to miscommunication with his counsel, and therefore, similar relief is being claimed before this Court.
Vide order dated 5.4.2016 while issuing notice of motion, petitioner, on surrendering before the trial court within 7 days, was directed to be released on interim bail.
At the time of hearing,learned counsel submits that pursuant to the said order petitioner has surrendered before the trial court on 08.4.2016 and was released on interim bail.
The said factual position is not disputed by the learned State counsel.
In view of the above, interim bail granted by the trial court pursuant to the order dated 5.4.2016 passed by this court, is made absolute.
Disposed of.
21.04.2016 (Jaswant Singh) joshi Judge
RAJINDER PRASHAD JOSHI 2016.04.21 17:56 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
Parvinder Kumar
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
