Sujwinder vs State of Punjab

THE COURT OF SH.

RAJ KUMAR, SESSIONS JUDGE, SRI MUKTSAR SAHIB. (UID No.PB0066).

B/A No.559 dated 08.08.2023 CIS No.

BA/1510/2023 CNR No.PBSM01-003579-2023 Decided on: 22.08.2023 Sujwinder, aged about 58 years, son of Gurnaib Singh, resident of village Takhat Malana, Dodan Wali Road, Tehsil and District Sri Muktsar Sahib. ..Applicant/Accused Versus State of Punjab. ..Respondent FIR No.90 dated 11.09.2017 Under Section 283, 427 IPC U/s 3 of Prevention of Damage to Public Property Act, 1984 Police Station : Bariwala (Application under Section 438 of Cr.P.C.) Present : Sh.

Sukhmander Singh Advocate for applicant/accused Sh.

S.K.

Kochhar PP for the State O R D E R The present application has been filed seeking anticipatory bail on behalf of applicant Sujwinder.

2.

Learned counsel for the applicant/accused has submitted that the absence of applicant was not intentional one, rather due to the reason mentioned in the present application.

Now apprehending his arrest present application has been filed by the applicant.

However, he is ready to join the proceedings before the learned trial court.

3.

On the other hand, learned PP for the State opposed the present bail application on the ground that the applicant/accused absented from the court.

Now, non-bailable warrants have been issued against the applicant/accused to procure his presence.

He requested to dismiss the present bail application.

4.

Heard.

Perusal of record reveals that on 05.08.2023, accused/applicant did not turn up and moved an application for his exemption from personal appearance, which was the 6th consecutive application for the said purpose and consequent upon the same learned trial court declined the application, cancelled the bail order and bail bonds/surety bonds were forfeited to the State.

Since the applicant/accused absented from lawful proceedings, no ground is made out for grant of anticipatory bail. tory bail.

However, at this stage, learned counsel for applicant/accused submitted that he is ready to surrender before the learned trial Court.

Under these circumstances, the applicant/accused is directed to surrender before the learned Trial Court within five days from today.

In case the applicant/accused shall surrender before the learned Trial Court within five days from today, his regular bail application shall be decided within two days.

With these observations, the present application moved by the applicant/accused for grant of anticipatory bail, is dismissed.

5.

Requisitioned record be returned alongwith copy of this order.

6.

Record of bail application be consigned to record room after due compilation.

Pronounced in open court. (Raj Kumar) 22nd day of August, 2023 UID No.PB0066 Munish Kumar Sessions Judge, Sri Muktsar Sahib MUNISH KUMAR I attest to the accuracy and authenticity of this document.

Digitally signed by MUNISH KUMAR Date: 2023.08.22 16:44:29 +1100