IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-14956 of 2009 Date of decision : 08.07.2009 Babbu ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ritesh Pandey, Advocate for the petitioner. Ms. Samsi Dhir Malhotra, AAG Punjab. RAJAN GUPTA J. (ORAL) Counsel submits that name of the petitioner does not figure in the statement made by the prosecutrix under Section 164 Cr.P.C., Annexure P-I. Counsel further submits that the original FIR was lodged by grand father of the prosecutrix, in which the petitioner was named only on the basis of suspicion. According to the counsel, now the petitioner has been summoned under Section 319 Cr.P.C. by the trial court merely on the basis of statement initially made by complainant i.e. grand father of prosecutrix. Learned counsel for the petitioner submits that pursuant to order dated 29.05.2009, petitioner has already surrendered before the trial court and furnished the bail and surety bonds. Learned counsel for the State does not dispute the fact that the petitioner has appeared before the trial court and furnished the bail and surety bonds. Under the circumstances, this petition is allowed and order dated 29.05.2009, passed by this Court is made absolute. It is however, Crl. Misc No. M-14956 of 2009 -2- directed that petitioner shall furnish an undertaking before the trial court that he shall not default in appearance on any date in future during the pendency of the trial failing which bail bonds furnished by him shall stand forfeited. 08.07.2009 (RAJAN GUPTA) Ajay JUDGE