IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-17757 of 2009 (O&M) Date of Decision:- 24 .08.2009 Mohinder Singh ....Petitioner(s) vs. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.G.S.Sidhu, Advocate, for the petitioner. Mr.Yash Pal Malik, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. The present petition is for grant of regular bail. Counsel for the petitioner contends that in the present FIR, the petitioner was earlier released on bail during the trial and was regularly attending trial when in another case bearing F.I.R. No.92 dated 25.4.2009, he was arrested for possessing 6 Kgs. of poppy-husk along with another person. He was in judicial custody in the said case when the date of hearing in the present case came i.e. 26.5.209 and he was to appear before the trial Court, but could not do so for the reason that he was in judicial custody. Thus, his absence from the Court proceedings was neither intentional nor deliberate but due to the reasons beyond his control. He further contends that the petitioner was released in F.I.R.No.92 dated 25.4.2009 on 2.6.2009 on bail and he surrendered before the Court on 11.6.2009. This, he contends, shows that the petitioner did not intend to abscond from the custody of the Court and had himself presented before the trial Court to Crl.Misc.No.M-17757 of 2009 -2- face trial. He contends that he is in custody since 11.6.2009 and, therefore, the trial Court may be directed to release him on bail. Counsel for the State does not dispute the factual aspect as has been asserted by the counsel for the petitioner. Keeping in view the above factual aspect and looking into the circumstances due to which the petitioner could not appear before the Court on 26.5.2009 besides the fact that he is in custody since 11.6.2009, and due to a default in his presence before the Court, which cannot be attributed to him, the present application is allowed, and the petitioner is directed to be released on bail to the satisfaction of the trial Court. August 24, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE