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IN THE HIGH COURT OF PUNJAB AND HARYANA
Jaishree Thakur, J.
Dimple Kumar – Appellant
Vs.
State of Punjab – Respondent
CRM-M No. 43769 of 2016
Decided On : 08-12-2016
Bail - Exemption from Appearance - Habitual seeking of exemptions - Indian Penal Code
Fact of the Case:
The petitioner was facing trial under various sections of the Indian Penal Code and had sought exemption from appearing in court on the ground of suffering from viral fever. The court, noting the petitioner's habitual seeking of exemptions, cancelled the bail bonds and ordered the petitioner to be summoned through non-bailable warrants.
Finding of the Court:
The court set aside the impugned order dated 25.10.2016 after the petitioner's counsel submitted that an undertaking would be filed before the trial court, stating that the petitioner-accused would appear on each and every date. The petitioner was directed to approach the trial court within a week and move an application to furnish the said undertaking, upon which the petitioner would be enlarged on bail.
Issues: Exemption from appearance, cancellation of bail bonds, undertaking to appear in court
Ratio Decidendi: The court considered the willingness of the petitioner to furnish an undertaking as a factor in setting aside the impugned order and granting relief. The court also emphasized that the protection granted would stand vacated if the petitioner did not approach the trial court.
Final Decision: The impugned order dated 25.10.2016 was set aside, and the petitioner was directed to approach the trial court within a week to move an application to furnish an undertaking, upon which the petitioner would be enlarged on bail.
Jaishree Thakur, J.
The petitioner herein is facing trial in case FIR No. 59 dated 04.04.2015, registered under Sections 366, 354, 506, 341, 34, and 120-B of the Indian Penal Code at Police Station Division No. 4, Ludhiana.
2. The petitioner herein was arrested under the said FIR on 11.04.2015. Thereafter, a petition bearing CRM-M No. 15196 of 2015 was filed in this Court in which the petitioner was released on regular bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Ludhiana by an order dated 14.05.2015. Thereafter, the petitioner herein did not put in appearance before the trial Court on the date so fixed i.e. 25.10.2016 and sought exemption on the ground that he is sufffering from viral fever. The Court took notice of the fact that the petitioner herein had sought similar exemptions on several occasions and came to the conclusion that the accused is habitual in seeking exemptions and direction was issued to ensure his presence failing which serious view would be taken against him. Since the petitioner did not put in appearance as directed by an order dated 12/26.09.2016 and preferred an application seeking exemption on the ground that he is suffering from viral fever, the Court came to conclusion that the ground of exemption did not seem to be genuine. Resultantly, the bail bonds of the petitioner herein were cancelled and it was ordered that he be summoned through non-bailable warrants for 15.11.2016.
3. Counsel for the petitioner prays for setting aside the impugned order dated 25.10.2016 by submitting that he will file an undertaking before the trial Court stating therein that the petitioner-accused will appear on each and every date.
4. In view of the fact that the petitioner is willing to furnish an undertaking, without expressing any opinion on the merits of the case, the impugned order dated 25.10.2016 is set aside. The petitioner herein is directed to approach the trial Court within a week and move an application to furnish the said undertaking. On doing so, the petitioner be enlarged on bail.
5. While setting aside the impugned order, it is made abundantly clear that in case the petitioner does not approach the trial Court, the protection granted today shall stand automatically vacated.
6. Petition stands disposed of.
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