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2012 DIGILAW 1450 (PNJ)

Sachin Maheshwari v. State of Punjab

2012-10-11

NARESH KUMAR SANGHI

body2012
JUDGMENT Mr. Naresh Kumar Sanghi, J.: - Prayer in this petition is for grant of anticipatory bail to petitioner-Sachin Maheshwari, who was charged for the offences punishable under Sections 51, 52-A, 63, 65 and 68-A of the Copyright Act. 2. Learned counsel for the petitioner submits that on 13.10.2010, the challan was presented against the petitioner and on the same day, he was admitted to regular bail and thereafter, the charges were framed on 04.05.2011. He further submits that the first date for recording of the prosecution evidence was on 16.08.2011 and thereafter, the case was adjourned to 09.11.2011, 25.01.2012, 23.04.2012 and 16.08.2012. He further submits that the petitioner had been regularly attending the proceedings before the learned trial court up to 23.04.2012 but on account of noting down a wrong date, the petitioner could not appear before the learned court below on 16.08.2012 and as such, the non-bailable warrants were issued for securing his presence. He also submits that his absence from the court was not deliberate rather it was on account of noting down a wrong date. He also submits that in future, the petitioner shall not remain absent from the court proceedings. He further submits that the intention of the petitioner can be gathered from the fact that no witness of the prosecution was present on 16.08.2012, therefore, the petitioner had not deliberately evaded his appearance before the court below. 3. Learned counsel for the State has not controverted the factual aspects with regard to appearance of the petitioner before the learned trial court up to 23.04.2012. However, he has submitted that the petitioner intentionally did not appear on 16.08.2012. Heard. 4. For several dates, the petitioner had been regularly appearing before the learned trial court. Ultimately the case was adjourned to 16.08.2012 and the petitioner noted down the wrong date and as such, he could not appear before the court below. Now the learned counsel for the petitioner has stated that the petitioner shall appear before the court below regularly and he shall abide by all the conditions to be imposed by the court below. 5. Keeping in view the totality of the circumstances of the case and nature of the the offences for which the petitioner has been charged, the present petition is allowed. 5. Keeping in view the totality of the circumstances of the case and nature of the the offences for which the petitioner has been charged, the present petition is allowed. In the event of appearance of the petitioner before the learned trial court, he shall be admitted to bail subject to his furnishing bond in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the learned trial court.