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2021 Supreme(P&H) 172

AVNEESH JHINGAN
Sunil Kumar Sabharwal – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Gagandeep Singh Bajwa, Ms. Monika Jalota.

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 for anticipatory bail in FIR No. 278 dated 2.11.2014, under Sections 307/382/427/148/149 IPC and Section 25 of the Arms Act, 1959, registered at Police Station Sultanwind, Amritsar City.

3. The petitioner was granted bail on 17.1.2015. The petitioner absented himself and the court concerned cancelled the bail. The bail bonds and surety bonds were forfeited.

4. Learned counsel for the petitioner submits that the petitioner was ill, hence, he failed to appear. However to show his bona-fide, he offers to deposit Rs. 50,000/- as cash security before the trial court subject to outcome of the trial.

5. Learned counsel for the State opposes the prayer for grant of anticipatory bail and submits that the petitioner intentionally absented in order to delay the trial.

6. There is no evidence attached with the petition to establish that the petitioner was sick on the said date, however, considering that he was on bail since 2015 and it is only in 2020 that on one date he absented, the offer made by the petitioner is accepted.

7. The machinery provisions provide

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