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2010 DIGILAW 1436 (PNJ)

Pargat Singh v. State of Punjab

2010-04-08

RAM CHAND GUPTA

body2010
JUDGMENT Ram Chand Gupta, J .(Oral).:- The present petition has been filed by Pargat Singh for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.33 of 2002, under Sections 61/1/14 of Excise Act, registered at P.S. Chabhal, Tehsil and District Tarn Taran. 2. I have heard learned counsel for the parties and have gone through the whole record. 3. This Court while issuing notice of motion on 04.03.2010 passed the following order:- “The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.33 of 2002, under Section 61/1/14 of Excise Act, registered at Police Station Chabhal, Tehsil and District Taran Taran. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been stated by learned counsel for the petitioner that he was on bail in this case, however, he absented on one date and hence the bail was cancelled. It is further contended that he moved an application for anticipatory bail before the learned Additional Sessions Judge, which was declined and the petitioner was directed to appear before the learned trial Court within 20 days. Accordingly, the petitioner appeared before the learned trial Court and however, no order regarding bail of the petitioner was passed and vide impugned order, he has been ordered to be summoned through non-bailable warrants, whereas, he was present in the Court. It has further been contended that he is ready to appear before the learned trial Court to face trial. Hence, in view of these facts, the petitioner is directed to appear before the learned trial Court within two weeks from today and on his appearance, he shall be admitted to interim bail by the learned trial Court subject to the conditions deemed to be imposed. Adjourned to 08.4.2010.” 4. It has been stated by learned counsel for the petitioner that petitioner has already appeared before learned trial Court pursuant to said order and he has been admitted to interim bail by learned trial Court. It is further contended that petitioner will continue to appear before learned trial Court and face trial. 5. Learned counsel for the State has not disputed these facts. 6. It is further contended that petitioner will continue to appear before learned trial Court and face trial. 5. Learned counsel for the State has not disputed these facts. 6. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed by Pargat Singh is accepted and order dated 04.03.2010 granting interim bail to the petitioner, is hereby made absolute subject to any conditions that may be imposed by learned trial Court. The present petition stands disposed of accordingly. ----------------