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2012 DIGILAW 1453 (PNJ)

Jagmohan Singh v. State of Punjab

2012-10-11

VIJENDER SINGH MALIK

body2012
JUDGMENT Mr. Vijender Singh Malik, J.: - Crl. Misc. No.59978 of 2012 Miscellaneous application is allowed as prayed for. Crl. Misc. No.M-31340 of 2012 1. Jagmohan Singh, the petitioner has brought this petition under the provisions of section 482 Cr.P.C. making an unusual prayer for acceptance of his bail bonds. He has claimed that he has already been granted bail by the court but the husband of the complainant being a local lawyer, his bail bonds are not accepted by the court and he is still there in jail despite there being order of bail in his favour. 2. Learned senior counsel for the petitioner has drawn my attention to Annexure P-3 , a copy of bail application filed on behalf of the petitioner in a case registered by way of FIR No.130 dated 31.05.2012 at Police Station A Division, Amritsar , for an offence punishable under sections 323,324 and 307 IPC. Annexure P-4 is the copy of order, vide which bail application has been allowed and the petitioner has been ordered to be released on bail on his furnishing bail bonds in a sum of Rs.40,000/- with one surety in the like amount. Thereafter, there are applications Annexures P-5 and P-9 to the Magistrate and Annexure P-10 to learned Additional Sessions Judge, Amritsar for acceptance of bail bonds. Learned senior counsel for the petitioner has contended that the courts below are not even passing orders on the applications and are not accepting the bail bonds. 3. The petitioner is in custody despite there being order of his release on bail dated 06.09.2012. More than a month has passed since then. It cannot be countenanced in law that no order is passed on the applications for submission of bail bonds. If notice is given on this application, the matter would further be delayed. So direction can be issued to the court to proceed with the matter in a legal manner i.e. passing an order accepting or rejecting the bail bonds uninfluenced by any extraneous matter, without giving notice to the state of this petition because that would not cause any prejudice to the State. 4. For these reasons, I dispose of the petition with direction to learned additional Sessions Judge, Amritsar, before whom the case is now pending to deal with the bail bonds in a legal way.