Sandeep Kumar @ Babbu vs State of Punjab

Daya Chaudhary, J.—The present petition u/s 438 Code of Criminal Procedure for grant of anticipatory bail has been filed on behalf of Sandeep Kumar @ Babbu in case FIR No. 79 dated 12.6.2007 registered u/s 21 of NDPS Act at Police Station Julkan, District Patiala.

Learned Counsel for the Petitioner contends that earlier the Petitioner was granted regular bail by the Special Court, Patiala in July, 2007 and since then he was regularly appearing before the trial Court on each and every date and never misused the concession of bail. Only on one date i.e. 29.9.2010, the Petitioner could not appear before the trial Court due to illness as he was taking treatment from Hospital at Patiala, which is clear from the prescription slip, annexed as Annexure P-1 with the petition. Learned Counsel further submits that the Petitioner is ready to appear before the trial Court and furnish fresh bail bonds and surety bonds and also assures that in future also he will not misuse the concession of

I have heard the arguments advanced by learned Counsel for the Petitioner and have also gone through the documents available on record.

From the arguments as well as prescription slip annexed with the petition, it appears that the absence of the Petitioner was not willful and intentional as he could not appear before the trial Court due to illness and moreover, recovery is also 50 gms of smack, which is non-commercial and Petitioner is ready to appear before the trial Court and furnish fresh bail bonds and surety bonds.

In view of the above, Petitioner is directed to surrender before the trial Court on 25.11.2010 and in case, he appears on that date and furnish fresh bail bonds and surety bonds to the satisfaction of trial Court, he shall be released on bail by the trial Court subject to payment of costs of Rs. 5000/-.

Petition stands disposed of accordingly.