Disposed

Amanpreet Singh @ Mampy v. State of Punjab and Anr.

Punjab & Haryana HC12 Apr 2019CRM-M/10378/2019

Case brief

AI extract

What is this about?

This oral order deals with a petition filed for personal liberty in a criminal trial where bail had been forfeited for absence. The court accepted a medical certificate and directed release on bail while retaining the power under Section 446 Cr.P.C.

What did the court decide?

Petitioner directed to appear before trial court within a week and released on bail with sufficient sureties and undertaking.

Amanpreet Singh @ Mampy Vs State of Punjab and Anr. — Anticipatory Bail | Punjab & Haryana HC (2019)

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CRM-M-10378-2019

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-10378-2019 DATE OF DECISION:-12.04.2019

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AMANPREET SINGH @ MAMPY

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...PETITIONER...

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VERSUS

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STATE OF PUNJAB AND ANR.

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..RESPONDENTS...

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CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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Present: Mr. Amit Arora, Advocate, for the petitioner.

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RAMENDRA JAIN, J. (ORAL)

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Through this petition under Section 438 Cr.P.C., prayer has been made for grant of anticipatory bail to the petitioner in case No.SC/62/2018 arising out of complaint No.RBT 114/4.10.2014 filed by respondent No.2 under Sections 307, 326, 324, 323, 325, 148, 149 and 506 IPC (P-1) and summoning order dated 16.07.2016 (P-2).

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During trial, in a complaint case under Sections 307, 326, 324, 323, 325, 148, 149 and 506 IPC, the petitioner on bail absented on 20.09.2018. An application for exemption from his personal appearance was moved on the ground of his alleged illness, but without any medical record. Therefore, the trial court, dismissing the said application of the petitioner, cancelled his bail and forfeited his bail and surety bonds. Resultantly, ld. Trial court ordered to summon the petitioner through non-

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bailable warrants. Thereafter, the petitioner moved anticipatory bail SONIKA 2019.04.12 16:29 I attest to the accuracy and authenticity of this document Chandigarh

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CRM-M-10378-2019

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application, which too, was dismissed.

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Learned counsel contends that initially the case was fixed for 19.09.2018, on which date, due to General Election of Legislative Assembly, Govt. of Punjab declared holiday. Resultantly, the case was taken-up on next date i.e. 20.09.2018.

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Learned counsel has produced photocopy of the medical certificate showing his admission in Jeewandeep Multi Speciality Hospital, Tarn Taran. The same is taken on record. Be tagged at appropriate place.

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Considering the above factual aspect of the case, coupled with medical certificate of the petitioner, he is directed to appear before the trial court within a week from today and shall be released on bail, to the satisfaction of trial court, subject to his furnishing adequate bail and surety bonds, besides an undertaking that he will not seek exemption from his personal appearance before the trial court. However, the trial court shall be at liberty to proceed against the petitioner under Section 446 Cr.P.C. independently.

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Disposed of.

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12.04.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned: Yes/No whether reportable: Yes/No

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SONIKA 2019.04.12 16:29 I attest to the accuracy and authenticity of this document Chandigarh

Amanpreet Singh @ Mampy v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Amanpreet Singh @ Mampy v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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