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2021 Supreme(P&H) 130

AVNEESH JHINGAN
Satnam Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kanwaljeet Singh Brar, Advocate
For the Respondent: Ms. Monika Jalota, adv

JUDGMENT :

AVNEESH JHINGAN, J.

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This is a petition seeking regular bail in case FIR No.0043 dated 01.03.2016 registered under Section 436 of the Indian Penal Code, 1860 at Police Station Samrala, Police District Khanna, District Ludhiana.

3. The petitioner was granted bail on 05.04.2017. The petitioner absented himself and was declared as a proclaimed offender on 28.01.2019. Thereafter, he was arrested on 04.11.2020.

4. Learned counsel for the petitioner submits that the absence of the petitioner was not intentional. He submits that the petitioner was in custody in an another FIR at Samrala. However, to prove the bona fide, the petitioner offers Rupees one lakh as surety by way of cash deposit before the trial Court subject to outcome of the trial.

5. Learned State counsel, on instructions from ASI Sikander Raj, opposes the grant of bail on the ground that the petitioner is involved in seven cases. She further submits that the absence of the petitioner was intentional just to delay the trial.

6. The machinery provisions provided in the Code of Criminal Procedure are to ensure the presence of the ac

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