Criminal Misc. No. M-11341 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-11341 of 2010(O&M) Date of decision : 03.06.2010 Suresh Kumar ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. JBS Gill, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) Criminal Misc. No. 30201 of 2010 This is an application for placing on record Annexures P-3 & P-4. Application is allowed as prayed for. Annexures P-3 & P-4 are taken on record. Criminal Misc. No. 28206 of 2010 This is an application for placing on record zimni orders passed by lower appellate court. Application is allowed as prayed for. Zimini orders are taken on record. Criminal Misc. No. M-11341 of 2010 This is a petition under Section 438 Cr.P.C. for pre-arrest bail in a appeal pending against the petitioner before the Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur vide FIR No. 15 dated 08.02.2001 under Section 420 & 120-B IPC at Police Station Garshankar, District Hoshiarpur. Criminal Misc. No. M-11341 of 2010 2 Learned counsel has argued that the petitioner was convicted by the trial court for offence under Section 420 IPC and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/-. An appeal was filed thereafter. According to learned counsel, the petitioner could not appear before the court below on one date i.e. 12.04.2010 as he was on election duty. He has referred to Annexure P-3 in this regard. Learned counsel submits that due to non-appearance of the petitioner on the said date, his bail bonds were cancelled and warrant of arrest was issued. Notice of motion. On the asking of court, Mr. G.S. Pannu, Deputy Advocate General, Punjab accepts notice and submits that in case pre-arrest bail is to be granted, the same should be subject to stringent conditions. In view of above, the prayer for anticipatory bail is allowed. It is directed that in case the petitioner surrenders before the court below on the next date of hearing, he shall be admitted to bail by the lower appellate court subject to the undertaking that he shall not default in appearance on any date in future and/or any other condition(s) deemed fit by the Court. June 03, 2010 (RAJAN GUPTA) Ajay JUDGE