Gurmeet Singh and Others vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—This Court, on January 25, 2012, had passed the following order:

Present petition has been filed u/s 438 Cr.P.C. praying for grant of pre-arrest bail to the petitioners in a case arising out of FIR No. 359 dated 03.09.2009 registered at Police Station Sadar Amritsar under Sections 406 and 498-A IPC.

Counsel for the petitioners contends that the petitioners had noticed the next date of hearing in the trial Court as 4th November, 2011. In fact, the date fixed was 4th October, 2011. Hence, under a mistaken impression, they could not cause appearance before the trial Court on the date actually fixed, i.e. 4th October, 2011. It is submitted that it was due to a bonafides mistake and absence before the trial Court was not willful.

Issue notice of motion to Advocate General, Punjab for 6th February, 2012.

Meanwhile, in case the petitioners appear before the trial Court on or before 1st February, 2012, they shall be released on interim bail.

Counsel for the petitioners submits that the petitioners had complied with the order dated January 25, 2012 and had caused appearance before the trial Court. He further submits that thereafter, the petitioners have been released on interim bail.

Counsel for the State, on instructions from Panna Lal ASI, Police Station Sadar Amritsar, vouchsafes this fact.

Consequently, the present petition is accepted and the interim pre-arrest bail granted to the petitioners vide order dated 25th January, 2012 is hereby made absolute, subject to their furnishing fresh bail bonds to the satisfaction of the trial Court.