Crl. Misc. No. M – 5802 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 5802 of 2010(O&M) Date of decision:- 28.4.2010 Gurmit Singh ... Petitioner Versus State of Punjab ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Onkar Singh, Advocate, for the petitioner. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by Gurmit Singh – petitioner for the grant of anticipatory bail in FIR No. 349 dated 19.11.1999, registered under Sections 279, 337, 338 and 304 -A IPC, at Police Station Dera Bassi, in the appeal pending before the Additional Sessions Judge, Mohali. It is undisputable that he was convicted by the trial Court and preferred an appeal. During the pendency of that appeal the sentence imposed upon his was suspended and he was ordered to be released on bail. He did not appear before the appellate Court on the date fixed, as a result of which his bail was cancelled and personal bail bonds forfeited to the State. Crl. Misc. No. M – 5802 of 2010(O&M) -2- His contention before the appellate Court was that he noted down the date as 26.12.2009 instead of 26.11.2009. The Additional Sessions Judge vide order 26.11.2009, while disallowing the application for anticipatory bail, directed the petitioner to appear on the date fixed in the appeal and apply for regular bail. He failed to do so and came with the present petition before this Court. The petitioner is to appear before the appellate Court and to file an application for regular bail. He shall not be arrested till the decision of that application. The petition is disposed of accordingly. April 28, 2010 (Gurdev Singh) tripti Judge