SIMRANJIT SINGH @ SEMMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that initially, a criminal case was registered against petitioner-accused Simranjit Singh alias Semmi son of Pritpal Singh, vide FIR No.179 dated 31.12.2009, on accusation of having committed the offences punishable u/ss 379 and 411 IPC by the police of Police Station 'A' Division, Amritsar (for brevity "the 1 st case").

(2.) Sequelly, another criminal case was also registered against the petitioner and his other co-accused, by way of FIR No.59 dated 8.5.2011 for the commission of offences punishable u/ss 148 and 302 read with section 149 IPC and section 25 of the Arms Act by the police of Police Station Gate Hakima, District Amritsar (for short "the 2 nd case").

(3.) Likewise, both the criminal cases were fixed for hearing on the same date i.e. 26.4.2012 before different Courts. The petitioner was in judicial custody. The police produced him in 1 st case and he was remanded to judicial custody by the Court of Shri Sanjiv Kundi, JMIC, Amritsar, by virtue of order dated 26.4.2012 (Annexure P4). As the police did not produce the petitioner in 2 nd case on the same day, therefore, Sh.Amita Singh, JMIC cancelled his bail, forfeited his bail/surety bonds to the State and issued non-bailable warrants against him, vide impugned order dated 26.4.2012 (Annexure P1). The application (Annexure P3) filed by the petitioner for recalling of non bailable warrants of arrest issued against him was dismissed as well, by the same Court, by way of impugned order dated 3.5.2012 (Annexure P2).