DIMPLE KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner herein is facing trial in case FIR No. 59 dated 04.04.2015, registered under Sections 366, 354, 506, 341, 34, and 120-B of the Indian Penal Code at Police Station Division No. 4, Ludhiana.

(2.) The petitioner herein was arrested under the said FIR on 11.04.2015. Thereafter, a petition bearing CRM-M No. 15196 of 2015 was filed in this Court in which the petitioner was released on regular bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Ludhiana by an order dated 14.05.2015. Thereafter, the petitioner herein did not put in appearance before the trial Court on the date so fixed i.e. 25.10.2016 and sought exemption on the ground that he is sufffering from viral fever. The Court took notice of the fact that the petitioner herein had sought similar exemptions on several occasions and came to the conclusion that the accused is habitual in seeking exemptions and direction was issued to ensure his presence failing which serious view would be taken against him. Since the petitioner did not put in appearance as directed by an order dated 12/26.09.2016 and preferred an application seeking exemption on the ground that he is suffering from viral fever, the Court came to conclusion that the ground of exemption did not seem to be genuine. Resultantly, the bail bonds of the petitioner herein were cancelled and it was ordered that he be summoned through non-bailable warrants for 15.11.2016.

(3.) Counsel for the petitioner prays for setting aside the impugned order dated 25.10.2016 by submitting that he will file an undertaking before the trial Court stating therein that the petitioner-accused will appear on each and every date.