Cr.Misc. M 11316 of 2010 (O&M) 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 11316 of 2010 (O&M) Date of decision:21.9.2010 Lucky Thakur @ Khokha Petitioner vs. State of Punjab Respondent Present: Mr. Mohinder Kumar, Advocate for Mr.Harsh Aggarwal, Advocate. Mr. Abhishek Chautala, AAG, Pb M.M.S.BEDI,J. Cr.Misc. 49552 of 2010 is allowed and documents Annexures P-4 to P-7 are taken on record. The petitioner has been in custody since 14.11.2009 in a case, registered at the instance of Raj Kumar alleging that his son Akash had been given a kirpan blow by the petitioner on his head in the presence of his other son Aman. It has been informed that statements of PW Raj Kumar and PW Aman have already been recorded but injured Akash, being a proclaimed offender, is not appearing in the court. I have gone through the interim orders, passed by the trial court and I am of the opinion that the trial is being delayed on account of non appearance of Akash, against whom warrants have been issued by the trial court. Learned State counsel informs that the petitioner is involved in two other cases of assault. Taking into consideration the totality of the above circumstances, the petition is allowed and the petitioner is ordered to be Cr.Misc. M 11316 of 2010 (O&M) 2 released on bail on furnishing bail bond/ surety bond to the satisfaction of the trial court with an additional condition that the petitioner will furnish an affidavit before the trial court that he will not commit the similar offence, of which he is accused of during the period of trial. It is made clear that in case of violation of the said undertaking in the shape of affidavit, it will be open to the prosecution or the complainant to seek the cancellation of bail. September 21 ,2010 ( M.M.S.BEDI ) TSM JUDGE