SARABJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) LEARNED Counsel for the Petitioner has argued that earlier trial was pending in the Court of Sh. P.M. Sharma, JMIC Jalandhar and Petitioner was appearing for trial being on bail. All of sudden case was transferred from the Court of Sh. P.M. Sharma, JMIC Jalandhar to the Court of Sh. R.K. Jain, Chief Judicial Magistrate, Jalandhar. It is stated that counsel for the Petitioner -accused could not mark the case which stood transferred from the Court of Sh. P.M. Sharma, JMIC Jalandhar to the Court Sh. R.K. Jain, Chief Judicial Magistrate, hence, accused could not appear on 16.4.2010. Thereafter, arrest warrants were issued against him. Learned Counsel has further argued that cause of non -appearance before the Court on the date fixed is not intentional but is due to non -marking of the case. Learned Counsel has further argued that Petitioner shall surrender/appear before the Court on 3.2.2011 and shall move an application to enlarge him on bail. Learned Counsel for the Petitioner has stated that in the event of moving bail application same must be decided at its own merits without any undue delay. Learned Counsel has rightly asserted that remaining absent because of unintentional default is itself not an offence. It is correct to assert that issuance of arrest warrant by the trial Court is only to ensure appearance in the trial.

(2.) LEARNED Counsel of the Petitioner fairly states that present petition be disposed of accordingly.