Allowed

Sukhjinder Singh v. State of Punjab

Punjab & Haryana HC24 Jan 2017CRM-M/45317/2016

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner, noting prior defaults including absconding to hinder a witness from the UAE. Despite acknowledging the misdemeanor, bail was ordered leniently in the interest of justice, directing appearance within one week while reserving the right to proceed against the surety.

What did the court decide?

Petitioner allowed anticipatory bail; directed to appear before trial court within one week.

Sukhjinder Singh Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2017)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-45317 of 2016 Date of decision : January 24, 2017

Sukhjinder Singh

....Petitioner

versus

State of Punjab

....Respondent

Coram: Hon'ble Mr. Justice Fateh Deep Singh

¶9

Present : Mr.BS Bhalla, Advocate, for the petitioner Mr. Gurinderjit Singh, DAG, Punjab for the respondent

¶10

Fateh Deep Singh, J. (Oral)

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Petitioner Sukhjinder Singh has sought anticipatory bail under section 438 Cr.P.C. on the grounds that though earlier the petitioner was allowed regular bail, however, during the course of trial he absented on 8.7.2016 leading to cancellation of his bail as well as surety and personal bonds.

¶12

The contentions of learned counsel for the petitioner are that it is only a single date default and thus, the petitioner is entitled to the concession of anticipatory bail as it is a bonafide mistake though on behalf of the State the same has been sought to be opposed.

¶13

Appreciating the two sides, the perusal of the record though evidently the petitioner has absented on 8.7.2016, 3.10.2016 and thereafter on 3.12.2016 apparently with a pre-conceived motive to thwart the examination of prosecution witness who was supposed to come from UAE,

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Dalbir Singh Tiwana 2017.01.25 11:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

¶15

Criminal Misc. No. M-45317 of 2016 -2-

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however, in the interest of justice taking a lenient view and to ensure that the trial is not hampered by such an irresponsible act of the petitioner, the present petition is allowed and the petitioner is directed to appear before the learned trial court within one week from today and shall be released on bail to its satisfaction. However, the present order shall not come in the way to proceed ahead into the matter under section 446 Cr.P.C. against the accused as well as the surety for this misdemeanor.

¶17

The present petition stands disposed off accordingly.

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Records be sent back immediately.

¶19

( Fateh Deep Singh ) January 24, 2017 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

¶20

Dalbir Singh Tiwana 2017.01.25 11:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Sukhjinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Sukhjinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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