High CourtsSingle Bench

Karambir vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 17 September 2018 · Citation: (2018) 09 P&H CK 0104

HON’BLE JUDGES
Inderjit Singh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 323, 324, 325, 307, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous -M- No. 40840 of 2018
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Judgment

15 paragraphs · 284 words

Petitioner-Karambir has filed this second petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.345 dated 03.05.2017,

registered at Police Station Sadar Palwal, Distt. Palwal, under Sections 323, 324, 325, 307, 506 and 34 of Indian Penal Code as vide order dated

01.09.2018, ld. Addl. Sessions Judge, Palwal declined his application seeking exemption from personal appearance sought on ground of illness and

further summoned him through warrant of arrest for 21.09.2018.

Notice of motion.

On the asking of Court, Mr. Sukhdeep Parmar, DAG, Haryana, has accepted notice on behalf of respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

Learned counsel for the petitioner states that the petitioner absented from the Court proceedings on 01.09.2018 as he was not well on that date and he

moved an application seeking exemption from personal appearance, but the same was declined by ld. Addl. Sessions Judge, Palwal and he was

summoned through warrant of arrest for 21.09.2018.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any

opinion on the merits of the case; that trial of the case will take a long time and no useful purpose will be served by sending the petitioner to custody, I

find merits in the present petition and the same is allowed. The petitioner is directed to surrender before the trial Court on or before 21.09.2018 and on

doing so, he shall be released on bail by the trial Court to its satisfaction, subject to deposit of `10,000/- with the District Legal Services Authority,

Palwal.