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High Court of Punjab and Haryana, Chandigarh

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NA v. NA - CRM-M-39825-2005 [2006] RD-P&H 210 (20 January 2006)

Criminal Misc.No.39825-M of 2005.

Present: Mr.R.K.Handa Advocate with Mr.Madan Sandhu Advocate for the petitioner.

Mr.Hari Om Verma Assitant Advocate General, Punjab.

A case was registered against Chander Kesh Raina at FIR No.199 dated 2.8.2004 in Police Station Tanda for an offence punishable under Section 420 IPC. He was arrested in the said case and was admitted to regular bail. However, the petitioner could not appear in the learned trial Court regularly thereafter. He failed to appear on 27.1.2005 but he filed an application for exemption which was allowed by the learned trial Court. The petitioner again failed to appear on 11.4.2005 and also failed to file an application for exemption. On this, the learned trial Court had issued warrants of arrest by cancelling the bail bonds. Hence this present application for anticipatory bail has been filed.

It was submitted by the learned counsel for the petitioner that the accused could not appear in the learned trial Court because he suffered a hip bone injury for which he filed medical certificate.

This argument was rebutted by the learned Assistant Advocate General Punjab and on instructions from HC Narinder Singh from Police Station Tanda he states that two other cases are pending Criminal Misc.No.39825-M of 2005.

against the petitioner and he had intentionally been avoiding to appear in the trial Court.

The police would, however, be at liberty to proceed against the petitioner in other cases, if any. However, so far as this case is concerned, the accused will appear in the learned trial Court on or before 17.2.2006 at 10 AM and would file an application and thereafter he will be admitted to bail by the learned trial Court on his furnishing personal bonds with surety bonds to the satisfaction of the learned trial Court/ Duty Magistrate.

The learned Assistant Advocate General Punjab submits that the petitioner be asked to surrender his passport. However, the learned trial Court will consider this request of the prosecution and pass necessary orders, in this respect.

This application is disposed of accordingly.

A copy of this order be given Dasti on payment of usual charges.

January 3,2006. ( S. N. Aggarwal )

Jaggi Judge

Review Application No.55-CII of 2005 in

CR No.3626 of 2003.

Ravi Singh

Versus

Manjit Singh.

...

Present: Mr.Parveen Kumar Advocate for the applicant.

...

S.N.Aggarwal, J. (Oral).

I have considered the submissions advanced before me by the learned counsel for the applicant. The applicant has filed an application under Order 47 Rule 1 read with Sections 114 and 151 CPC for review of order passed by this Court on 7.4.2005. It was submitted that the applicant had taken a specific plea in the written statement that stamps affixed on the pronote and the receipt set up by the plaintiff- respondent in this case were not printed on the date when the pronote or the receipt were allegedly executed by the applicant in favour of the plaintiff/respondent. Reliance was placed on the judgment of this Court passed on 11.3.2005 in Civil Revision No.5781 of 2004 (Sukhdev Singh Versus Nachattar Singh and others). However, the said application of the applicant was dismissed by this Court vide order dated 7.4.2005.

Review Application No.55-CII of 2005 in

CR No.3626 of 2003.

The facts of each case are different.

In the light of above discussion, I find no justification to review the order passed by this Court.

Dismissed.

February 3,2006. ( S. N.Aggarwal )

Jaggi Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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