Punjab-Haryana High Court
Naseeb vs State Of Haryana on 12 August, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
CRM No. M-19626 of 2009 (O&M)
Naseeb ..... Petitioner
vs
State of Haryana ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. KDS Hooda, Advocate, for the petitioner.
Mrs. Ritu Punj, Deputy Advocate General, Haryana.
Rajesh Bindal J.
The petitioner in the present petition is an accused in FIR No. 475 dated 11.12.2006 under Sections 302, 216, 120-B IPC and Sections 25/54/59 of the Arms Act, registered at Police Station Narnaud, District Hisar. He was released on bail pending trial. However, on account of non-appearance of the petitioner on 22.4.2009 he was taken into custody on 13.5.2009, when he appeared in court and is in custody since then.
Learned counsel for the petitioner submits that the petitioner is a patient of kidney stone. He could not appear in court on 22.4.2009 as he had gone to PGIMS Rohtak for check up on that day. To substantiate the plea, he has placed treatment card of the hospital on record. He has also made reference to the OPD treatment card which was made when the petitioner was taken to hospital while he was in custody. The submission is that non-appearance of the petitioner only on one date of hearing was not intentional as on earlier occasions after the grant of bail the petitioner was attending the court proceedings regularly.
Considering the aforesaid facts and also that the petitioner is in custody since 13.5.2009 on account of non-appearance on one date of hearing, it is directed that the petitioner shall be released on bail on his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Hisar.
The petition is disposed of.
12.8.2009 ( Rajesh Bindal) vs. Judge