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Judgment
18 paragraphs · 368 wordsG.S. Ahluwalia, J
This application under Section 482 of Cr.P.C has been filed for modification of order dated 12.01.2021 passed by the Coordinate Bench of this Court
in M.Cr.C. No.583/2021 by which the applicant was granted bail on several conditions including that “the applicant shall mark his appearance
before the concerned trial Court once in a fortnight till conclusion of trialâ€.
The order dated 12.01.2021 in M.Cr.C. No.583/2021 was passed by the Coordinate Bench of this Court and as the Hon'ble Judge has been
transferred, therefore, this application has been placed before this Court.
It is submitted by Counsel for applicant that the aforesaid condition is causing hardship to the applicant and applicant is appearing before the Trial
Court on each and every date fixed for hearing of the case, and therefore, the above-mentioned condition may be deleted.
Per contra, the application is vehemently opposed by the Counsel for the State.
The applicant was granted bail by order dated 12.01.2021 in M.Cr.C. No.583/2021 with a condition that he shall mark his appearance before the trial
court once in a fortnight till conclusion of the trial. Accordingly, the Trial Court is directed to verify to as to whether the applicant has complied the
aforesaid condition by regularly appearing before it once in a fortnight or not. If it is found that applicant had regularly complied the aforesaid
condition, then the condition of appearance of applicant before the Trial Court once in a fortnight till conclusion of trial, shall stand deleted.
However, in case if it found that applicant did not comply the said condition, then the bail order dated 12.01.2021 in M.Cr.C. No.583/2021 shall
automatically stand recalled on the ground of violation of the conditions of the bail and the Trial Court shall be under obligation to issue warrant of
arrest against the applicant as well as against the sureties to show cause as to why the surety amount be not forfeited.
It is made clear that in case if the applicant did not appear before the Court due to suspension of normal Court functioning, then the said absence shall
not be treated as default on the part of applicant. With aforesaid observation, the application is finally disposed of.