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2019 DIGILAW 2652 (PNJ)

Sunny v. State of Punjab

2019-09-24

HARI PAL VERMA

body2019
Judgment Mr. Hari Pal Verma, J. (Oral):-Prayer in this petition filed under Section 438 Cr.P.C. is forgrant of anticipatory bail to the petitioner in case FIR No.247 dated31.10.2017 registered under Sections 376/363/366-A of IPC and Sections 3& 4 of POCSO Act, 2012 at Police Station Lambi, District Sri MuktsarSahib. 2. Counsel for the petitioner states that in the aforesaid FIR, thepetitioner was admitted on regular bail by this Court, but on account ofnoting a wrong date, he could not appear before the trial court on06.05.2019. In fact, he had noted the next date of hearing as 05.06.2019. Notice of motion. 3. Let requisite number of copies of paper book be given tolearned State counsel during the course of the day. 4. Considering the fact that the petitioner was otherwise on bailand it is on account of his non-appearance on 06.05.2019, his application forgrant of anticipatory bail was declined vide order dated 20.05.2019 on thepremises that the case status is always uploaded on the website andmoreover, the petitioner has also engaged a counsel to inform him. Heard. 5. No doubt the status of the case is uploaded on the website, butnot every person is expected to know about the status of the case from thewebsite. Moreover the bail was declined by the learned Additional SessionsJudge, with the observation that when the petitioner is being represented bya counsel, even he also did not appear. This Court finds that this observationof the learned Additional Sessions Judge cannot be accepted, once thepleaded ground for non-appearance is noting a wrong date. Representationby a lawyer is inconsequential as it is because of noting a wrong date, thepetitioner could not appear. 6. Accordingly, the present petition is disposed of with a directionthat in case the petitioner surrenders before the trial Court within a weekfrom today and moves an application for grant of regular bail, he shall beadmitted on bail, preferably on the same day.