IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-4174 of 2009 Date of decision : 07.05.2009 Kalu ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vipin Mahajan, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioner submits that petitioner was found innocent during investigation by the Police. In the challan presented before the trial court, name of the petitioner figured in column No. 2. This apart, there is no allegation of rape against the petitioner. On the basis of statement made by the prosecutrix, petitioner has been summoned to face trial under Section 319 Cr.P.C. Learned counsel further submits that pursuant to order dated 16.02.2009, petitioner has already surrendered before the trial court and furnished the bail and surety bonds. Learned counsel for the State on instructions from ASI Ramesh Chander, who is present in Court, does not dispute the fact that the petitioner has appeared before the trial court and furnished the bail and surety bonds. Under the circumstances, order dated 16.02.2009, passed by this Court is made absolute. It is, however, directed that petitioner shall furnish an undertaking before the trial court that he shall not default in Crl. Misc No. M-4174 of 2009 -2- appearance on any date in future during the pendency of the trial, failing which bail bonds furnished by him shall stand forfeited. 07.05.2009 (RAJAN GUPTA) Ajay JUDGE