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Rajiv Kumar vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 16 September 2010 · Citation: (2010) 09 P&H CK 0180

HON’BLE JUDGES
Mehinder Singh Sullar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 34, 420, 467, 468, 471
CASE NUMBER
Criminal Miscellaneous No. M-12819 of 2010
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Judgment

11 paragraphs · 385 words

Mehinder Singh Sullar, J.—Having exercised and lost his right of anticipatory bail before the Sessions Court, the petitioner Rajiv Kumar has directed the present petition in a private complaint filed by Dalip Singh complainant-respondent No. 2 on accusation of having committed the offence punishable under Sections 420, 467, 468, 471 and 506 read with Section 34 IPC, invoking the provisions of Section 438 Cr.P.C.

2.

Notice of the petition was issued to the State.

3.

A Coordinate Bench of this Court (Ajai Lamba, J.), while issuing notice of motion, passed the following order:

This petition has been filed u/s 438 Cr.P.C. for bail to the petitioner in a complaint case.

The petitioner has been summoned to stand trial vide order of summoning placed on record as Annexure P-3.

Notice of motion for 16.09.2010.

In the meantime, it is directed that the petitioner shall put in appearance before the Trial Court within 2 weeks from today. The petitioner shall not be taken in custody. The petitioner shall not be arrested and shall be released on bail.

4.

Learned counsel has stated that the petitioner has already appeared/surrendered in the trial Court, in pursuance of order of this Court. He has produced certified copy of order dated 7.5.2010, which is in the following manner:

Accused Rajiv Kumar appeared through Sh. Rajesh Kumar Arora, Advocate and file an application for surrender and bail. Copy of order dated 4.5.10 of Hon''ble Judge of Hon''ble Pb. & Haryana High Court Ajai Lamba also placed with application. Heard. In view of the said order accused Rajiv Kumar is directed to furnished the bail bonds and surety bonds in the sum of Rs. 50,000/- with one surety in the like amount. Request (sic. Requisite) bonds furnished, which are accepted and attested. Now file be put up on 13.8.10 as the date already fixed in this case for further proceedings.

The perusal of order dated 13.8.2010 would reveal that the petitioner is regularly appearing in the Court.

5.

Taking into consideration the fact that the petitioner has already appeared in the Court and admitted to bail by the trial Court, in pursuance of order of this Court and totality of other facts and circumstances, emanating from the record, the order dated 4.5.2010 is made absolute. Consequently, the present petition is disposed of accordingly.