SUKHWINDER SINGH SANDHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer made in this petition is for grant of bail in F.I.R. No. 387, dated 21.10.1995 under sections 307, 326, 324, 323, 148, 149 and 506 IPC, P.S. City Sirsa. Petitioner in this very F.I.R. has applied for bail and the same was granted to him by Additional Sessions Judge, Sirsa on 28.10.1995. On 3.11.1995 when the case was fixed for framing of (sic) one Dr. Gurbachan Singh, Kalra Hospital, Sardulgarh. He was advised complete bed rest for five days. He has also stated that he was not cured with the treatment given by Dr. Gurbachan Singh and thereafter he remained under treatment of Dr. B.D Sharma, M.D (Medicine) Civil Hospital, Mansa, who also advised him complete bed rest. Since the petitioner had not appeared on 3.11.1995 the case was adjourned to 27.11.1995 when the petitioner appeared and surrendered, but his application for bail was dismissed. He again applied for bail on 5.12.1995 which was rejected on 11.12.1995. The present petition for bail was filed on 13.12.1995. During the pendency of this petition, petitioner was allowed interim bail as he had to appear in the M.A. examination. Petitioner after availing the interim bail has surrendered to the jail authorities and presently is confined in District Jail, Sirsa.

(2.) After hearing the learned counsel for the parties and having regard to the statement of counsel for petitioner at the Bar that the petitioner shall appear regularly in future, failing which the concession of bail if given by this Court may be withdrawn and also considering the petitioner is a student of M.A Class, I am of the view that the petitioner deserves the concession of bail.

(3.) Bail to the satisfaction of Trial Court. It is made clear that in case the trial Court finds that the petitioner has again abused the concession of bail, it shall be at liberty to cancel the bail.