In the High Court of Punjab and Haryana at Chandigarh Crl. Misc.No.44923-M of 2007 Date of Decision:24-3-2008 Pinder Singh ---Petitioner vs. State of Punjab ---Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr.Suresh Goyal, Advocate, for the petitioner Mr. Anter Singh Brar, Deputy Advocate General, Punjab. RAJESH BINDAL, J Heard learned counsel for the parties. Learned counsel for the petitioner submits that as the petitioner has already been released on bail by the trial court vide order dated 18.9.2007, he does not wish to press this petition. Before dealing with the prayer of the petitioner permitting him to withdraw the present petition, it is appropriate to deal with the peculiar situation which has been created in the present case. The petitioner had earlier approached the trial court for grant of regular bail, which was dismissed on 12.6.2006. The second bail application was dismissed on 28.7.2007. Thereafter, the third bail application was filed by the petitioner before the trial court on September 3, 2007. During the pendency of the same the present petition for bail was filed on September 6, 2007. In the third bail application, filed before the trial court, affidavit dated 28.8.2007 of Kuldeep Singh son of Jagdish Singh was filed that no such similar Crl. Misc.No.44923-M of 2007 -2- application is pending before any court of law. However, while filing petition before this court, in para 11 of the petition it was mentioned that no such and similar petition has been filed by the petitioner for the relief prayed for in the instant petition either in this court or in the Hon'ble Supreme Court of India, whereas the fact remains that the other petition filed by the petitioner was pending before the trial Court on the date when the instant petition was filed. Learned counsel for the petitioner submits that as the petitioner was in custody, he entrusted the case to him through power of attorney on September 1, 2007 for filing the present petition in this court which was drafted on September 5, 2007 and filed on September 6, 2007. As there was no communication with the petitioner after handing over of the power of attorney on September 1, 2007, the fact of filing third application on 3.9.2007 was not in his notice and accordingly the same could not be mentioned in the petition because of these circumstances. Keeping above mentioned peculiar facts and circumstances of the case, the petitioner is permitted to withdraw the present petition. However, keeping in view the interest of justice and to avoid repeat of such incident in future, the Registry may examine the desirability of issuing instructions to the effect that at the time of filing of the bail application before the trial court, an affidavit is required to be filed regarding the pendency of any bail application filed by the person concerned in any court besides the statement regarding the decision of the earlier bail application. Even in petitions filed in this Court a statement should be made regarding the pendency of any other bail application before Crl. Misc.No.44923-M of 2007 -3- any Court and/or the details of petitions already decided. Registry is directed to take note of this. (RAJESH BINDAL) JUDGE March 24, 2008 paramjit