High CourtsSingle Bench(2021) 01 P&H CK 0422

Bhupinder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 29 January 2021

HON’BLE JUDGES
Arvind Singh Sangwan, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 41403 Of 2020 (O&M)

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Judgment

17 paragraphs · 338 words

Arvind Singh Sangwan, J

This is 2nd petition for grant of anticipatory bail in FIR No.97 dated 31.10.2016 under Sections 279, 304A, 337 IPC, registered at Police Station

Dhanaula, District Barnala.

Learned counsel for the petitioner submits that as per allegations in the FIR, the petitioner, while driving the bus in rash and negligent manner, has

caused an accident resulting into death of one person. It is further submitted that the petitioner was granted the concession of regular bail on

25.04.2018, however, on 29.11.2018, he absented from the Court proceedings. Thereafter, the trial Court issued non-bailable warrants and the

petitioner applied for anticipatory bail before the Court of Sessions, which was allowed on 03.04.2019 with a direction to surrender before the trial

Court, however, he could not comply with the said directions. Thereafter, the petitioner filed first petition i.e. CRM-M-35115-2019 before this Court

praying for anticipatory bail, which was dismissed as withdrawn on 28.08.2019 with the observations that if the petitioner surrenders before the trial

Court, his regular bail application be decided. Now this second petition has been filed with the averments that on account of death of his mother, he

could not comply with the order dated 28.08.2019. Learned counsel further submits that the petitioner is ready to comply with the order dated

28.08.2019 within a period of 10 days from today, as he could not comply with the same due to untimely death of his mother.

Learned State counsel has, however, opposed the prayer for bail on the ground that the petitioner is habitual in seeking time and wants to delay the

trial despite the fact that on two occasions, relief has been granted by the Court of Sessions as well as by this Court.

After hearing learned counsel for the parties, I deem it appropriate to extend the time granted vide order dated 28.08.2019 for a period of 10 days

from today, subject to the condition that the petitioner will deposit the costs of Rs.15,000/- with the District Legal Services Authority, Barnala.

Disposed of, accordingly.