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Judgment
17 paragraphs · 286 wordsArvind Singh Sangwan, J
The petitioner prays for grant of anticipatory bail in FIR No.582 dated 26.11.2017 registered under Section 15 of the NDPS Act at Police Station
Ratia, District Fatehabad.
On 16.12.2019, the following order was passed:
“.....Counsel for the petitioner has argued that the petitioner was granted regular bail on 13.12.2017 and was appearing before the trial Court,
however, he absented on 05.11.2019, the day when the case was fixed for examination of the prosecution witnesses. It is further submitted that on
account of noting a wrong date as ‘11.11.2019’ instead of ‘05.11.2019’, the petitioner as well as his counsel could not appear before the
trial Court. It is also submitted that the petitioner is ready to surrender before the trial Court and apply for regular bail.
Notice of motion for 13.02.2020.
In the meantime, the petitioner is directed to surrender before the trial Court and the trial Court will release the petitioner on interim bail subject to his
furnishing fresh bail/surety bonds subject to payment of costs of Rs.5,000/- to be deposited with the District Legal Services Authority, Fatehabad.
The payment of costs shall be a pre-condition before accepting the bail/surety bonds of the petitioner.â€
Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 16.12.2019, has already appeared before the trial Court
and he has been released on interim bail and he has also deposited the cost of Rs. 5,000/- as imposed by this Court.
Learned counsel for the State, on instructions from the Investigating Officer, has not disputed the factual position.
In view of the above, the petition is allowed and order dated 16.12.2019 is made absolute subject to the conditions envisaged under Section 438(2)
Cr.P.C.