Sachin Jain vs Satish Kumar

Daya Chaudhary, J.

Crl. Misc. No. 59504 of 2010

Application is allowed as prayed for.

Crl. Misc. No. M-33485 of 2010

The present petition u/s 438 Code of Criminal Procedure for grant of anticipatory bail has been filed on behalf of Sachin Jain in criminal complaint No. 5683-T of 25.8.2008 registered u/s 138 of the Negotiable Instruments Act, 1882 pending before the learned JMIC, Patiala.

Learned Counsel for the Petitioner contends that Petitioner was attending the Court proceedings regularly and only on 18.3.2010, as he has wrongly noted down the date, could not appear before the trial Court and non-bailable warrants were issued. Learned Counsel for the Petitioner further submits that P.O. proceedings are still pending against the Petitioner and he has not been declared P.O. as yet. Non-appearance of the Petitioner on 18.3.2010 was not intentional but bonafide due to wrong noting down of the date. Learned Counsel also submits that Petitioner is ready to appear before the trial Court and undertakes not to remain absent in future and moreover no recovery is to be effected from him.

In view of the submissions made by learned Counsel for the Petitioner and the fact that absence of the Petitioner was not intentional but bonafide due to wrong noting down of the date and since the offences are bailable, the Petitioner is directed to appear before the trial Court within a period of one week from the date of receipt of copy of the order. In case the Petitioner appears before the trial Court, he shall be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Patiala subject to payment of costs of Rs. 10,000/-.

Petition stands disposed of accordingly.