Gurdeep Singh vs State of Punjab and Others

Alok Singh, J.—Learned Counsel for the Petitioner states that Petitioner was facing trial for offences punishable under Sections 323, 324, 506, 34 of the Indian Penal Code, however, Petitioner was acquitted by the learned Magistrate vide judgment dated 19.12.2009. Learned Counsel further states that an appeal was preferred by the complainant and during the appeal, Petitioner was on bail, however, on the date fixed i.e. 11.08.2010, Petitioner could not appear before the Appellate Court because Petitioner had to rush to Canada to look after his ailing uncle. Learned Counsel further states that Petitioner has returned back to India on 21.02.2011 and came to know that vide order dated 11.08.2010 his bail bonds and surety bonds were forfeited to state and non-bailable warrants were issued against the Petitioner. Learned Counsel further states that Petitioner shall surrender before the Appellate Court on 24.03.2011 and shall move an appropriate application seeking bail explaining the reason for not attending the Court on the date fixed in view of the judgment of this Court in the matter of Bhupinder Singh Chhabra v. State of Punjab and Anr. Criminal Misc. No. M-770 of 2011, decided on 01.02.2011, therefore, he may be permitted to withdraw this petition.

Petition is dismissed as withdrawn with the aforesaid liberty. However, Petitioner shall surrender before the learned Appellate Court on 24.03.2011 as undertook by the learned Counsel for the Petitioner. In the event of moving application seeking bail after surrendering before the Appellate Court on 24.03.2011, the same shall be decided in accordance with law, at its own merit, without any further delay, in the light of the judgment passed by this Court in the case of Bhupinder Singh Chhabra (supra).