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Judgment
6 paragraphs · 276 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.92 dated 20.06.2016 registered under Sections 307, 148, 149 IPC and 25/54/59 of the Arms Act and 21/61/85 of the NDPS Act, at Police Station Sadar Phagwara, District Kapurthala.
Counsel for the petitioner has argued that the petitioner was granted regular bail by this Court vide order dated 27.09.2016 and thereafter, he was regularly appearing before the trial Court and has made a reference to all the zimini orders passed by the trial Court and due to some unavoidable circumstances on 03.05.2021, the petitioner could not appear before the trial Court due to COVID-19 situation in the country and his bail/surety bonds were cancelled.
Counsel for the petitioner has further submitted that on the day when the petitioner absented from the Court proceedings, no prosecution witness was present and therefore, the petitioner has not violated any condition. It is also submitted that the petitioner is ready to surrender before the trial Court and apply for regular bail afresh. Counsel for the State has not disputed the factual position and submits that on account of the absence of the petitioner, the trial is unnecessarily delayed.
In view of the above, the present petition is allowed and the petitioner is directed to surrender before the trial Court within a period of 15 days from today and the trial Court will release the petitioner on regular bail on his furnishing bail/surety bonds.
This will, however, be subject to the condition that the petitioner will deposit the costs of Rs.5,000/- before the District Legal Services Authority, Kapurthala, for delaying the trial.