High CourtsSingle Bench

Dev Karan vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 2 November 2018 · Citation: (2018) 11 P&H CK 0012

HON’BLE JUDGES
Ramendra Jain, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438, 482 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 22
CASE NUMBER
Criminal Miscellaneous (M) No.48534 of 2018
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Judgment

12 paragraphs · 211 words

Ramendra Jain, J.

Prayer in the instant petition under Section 482 Cr.P.C. read with Section 438 Cr.P.C. for releasing the petitioner on anticipatory bail as non-bailable

warrants have been issued by the Additional Sessions Judge, Ludhiana.

After conviction of the petitioner by the Juvenile Justice Board, Ludhiana for two years under Section 22 of the Narcotic Drugs and Psychotropic

Substances Act, the petitioner filed appeal but did not come present before the appellate court. Consequently, he was ordered to be summoned

through non-bailable warrants vide order dated 15.10.2018.

Learned counsel for the petitioner contends that Juvenile Justice Board has granted interim bail to the petitioner till filing of appeal, therefore, there

was no reason for the petitioner to not to appear, before the appellate court at the time of hearing of his appeal. Absence of the petitioner is not

intentional or deliberate. He did not come present, due to some communication gap between him and his counsel.

In view of the totality of facts and circumstance, but without commenting on the merits of the case, petitioner is directed to surrender before the trial

court within two weeks and his bail application shall be decided within next seven days.

The order shall have no bearing on the merits of the main case.