Jinder Khan vs State of Punjab

Alok Singh, J.—Learned Counsel for the Petitioner contends that Petitioner was on regular bail in the trial for offences punishable u/s 304-A/279/337/338 of the Indian Penal Code, however, in the trial, 25.11.2010 was fixed which was wrongly noted by the accused-Petitioner as 25.01.2011, therefore, Petitioner-accused could not appear before the Trial Court on 25.11.2010, consequently, his bail order was cancelled and bail bonds were directed to be forfeited. Learned Counsel further states that absence of the accused Petitioner on 25.11.2010 was not intentional and it was because of noting of wrong date as 25.01.2011. Learned Counsel further contends that he may be permitted to withdraw this petition with liberty to move appropriate application before the Trial Court in view of the judgment passed by this Court in the case of Bhupinder Singh Chhabra v. State of Punjab and another, Criminal Misc. No. M-770 of 2011, decided on 01.02.2011. Learned Counsel further states that Petitioner shall appear before the Trial Court on 15.04.2011 and shall move above said application.

Petition is dismissed as withdrawn with the aforesaid liberty. However, Petitioner shall appear before the learned Trial Court on 15.04.2011. In the event of moving application as alleged herein above, the same shall be decided in accordance with law, at its own merit, without undue delay, in the light of the judgment passed by this Court in the case of Bhupinder Singh (supra).