Criminal Misc. No. M-37414 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-37414 of 2010 Date of decision : 10.01.2011 Sunil Kumar @ Babu ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ashish Aggarwal, Advocate for the petitioner. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in appeal No. 19 dated 30.01.2007 pending in the court of Additional Sessions Judge, Amritsar, relating to FIR No. 103 dated 22.09.2009 registered against the petitioner under Sections 325/323/34 IPC at Police Station ‘D’ Division Amritsar. Learned counsel for the petitioner submits that petitioner was arraigned as an accused in FIR No. 103 dated 22.09.2009 under Sections 325/323/34 and was convicted by the court of Judicial Magistrate Ist Class, Amritsar. During the pendency of appeal before Additional Sessions Judge, Amritsar, he absented from the court proceedings and resultantly, his bail bonds were cancelled and non-bailable warrants of arrest was issued. Learned counsel for the appellant submits that petitioner shall submit an Criminal Misc. No. M-37414 of 2010 2 undertaking before the trial court that he shall not absent from the court proceedings on any date in future. Learned State counsel has opposed the prayer for bail. He, however, submits that in case petitioner is to be enlarged on bail, the same should be subject to stringent conditions. In view of the fact that petitioner has been in custody since 09.12.2010, I am of the considered view that no useful purpose would be served by detaning the petitioner in custody during the pendency of appeal. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar. This, however, will be subject to his furnishing an undertaking aforesaid and/or any other condition(s) which the court below may deem fit to impose. January 10, 2011 (RAJAN GUPTA) Ajay JUDGE