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2021 DIGILAW 485 (PNJ)

Gagandeep Singh @ Kaula v. State of Punjab

2021-03-01

AVNEESH JHINGAN

body2021
JUDGMENT : AVNEESH JHINGAN, J 1. The matter is taken up for hearing through video conference due to COVID-19 situation. 2. This is a petition seeking regular bail in cross case registered vide DDR No. 14 dated 28.12.2013, under Sections 307, 452, 506, 427, 148, 149 IPC 1860 Sections 25, 27 Arms Act, 1959 registered at Police Station Lopoke, District Amritsar (Rural) and in FIR No. 189 dated 23.12.2013 under Sections 307, 336, 148, 149, 506 IPC, 1860 and Sections 25, 27 of Arms Act, 1959 registered at Police Station Lopoke District Amirtsar (Rural). 3. There is a version and cross version of the alleged incident. The petitioner was granted anticipatory bail on 22.4.2015 by the Sessions Court in the present DDR and FIR. 4. Learned counsel for the petitioner submits that the challan was presented at the back of the petitioner and he was not aware of the date fixed. It was result of this communication gap that non-appearance resulted in passing of proclaimed offender. 5. Learned State counsel has filed custody certificate and the same is taken on record. It is submitted that the petitioner is involved in nine more cases and his absence was intentional. 6. Learned counsel for the petitioner submits that the petitioner is on bail in all other cases. He further offers security of Rs.75,000/- in cash to be furnished before the trial Court to show his bonafide. 7. The fact to be considered is that the petitioner was granted anticipatory bail way back in 2015. The endeavour in such cases is to ensure the presence of the accused before the trial Court as and when required. 8. The petitioner is granted bail subject to his depositing Rs.75,000/- before the trial Court. The amount deposited shall be subject to the outcome of the trial. The amount shall be kept in an FDR in a nationalised bank. In case the petitioner fails to appear as and when required by the trial Court, the said amount shall be forfeited. 9. The petition is disposed of accordingly.