ASHISH BADHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Sec. 438 Cr.P.C. for grant of pre-arrest bail has been moved by petitioner-ASHISH BADHAN @ ASEEM @ TIBRI in case FIR No.22 dtd. 13/4/2012 under Ss. 307, 323 and 324 IPC read with Sec. 34 IPC, registered at Police Station Division No.1, Pathankot, District Pathankot.

(2.) Learned counsel for the petitioner inter alia contends that vide order dtd. 14/2/2019, petitioner was summoned as additional accused while invoking provisions of Sec. 319 Cr.P.C. by learned Additional Sessions Judge, Pathankot, to face trial for commission of offence punishable under Ss. 307, 323 and 324 IPC read with Sec. 34 IPC. He further submits that in the instant case FIR, petitioner was allowed pre-arrest bail by this Court, vide order dtd. 17/10/2019 and in pursuant to said order, he (petitioner) had to put in appearance before Trial Court and used to appear on each date of hearing. He further submits that petitioner could not appear before Trial Court on 13/9/2021 due to mistake in noting down the exact date of hearing and as such on account of his absence, his presence has been ordered to be secured through warrant of arrest by the said Court. He further submits that on account of single default made at the instance of petitioner, he cannot be made to suffer. He further submits that petitioner is ready and willing to submit to the proceedings of Trial Court and he may be extended concession of pre-arrest bail.