VICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 439 Cr.P.C. praying for grant of regular bail to the petitioner in a case arising out of FIR No. 34 dated 24.04.2010 registered at Police Station Bariwala, District Sri Muktsar Sahib under Sections 395/365/411 IPC and Section 25/54/59 of the Arms Act, during pendency of the trial.

(2.) It is not in dispute that the petitioner was granted regular bail, however he absented on 9th August, 2011 and non-bailable warrants were issued against him and his bail bonds and surety bonds were cancelled and forfeited to the State. Thereafter, the petitioner had not appeared before the trial Court on 23rd August, 2011. However, the zimni order dated 20th September, 2011 passed by the Court of Additional Chief Judicial Magistrate reveals that on that day the accused was in custody.

(3.) Counsel for the petitioner submits that the petitioner had not appeared before the trial Judge on two dates, however, he is now in custody since 20th September, 2011. Learned counsel further submits that the petitioner is already languishing behind the bars as an under-trial for the last about six months.