AMARJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Amarjeet has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail in case FIR No. 45 dated 12.3.2005 under Sections 307/34 IPC and 25 of the Arms Act, registered at Police Station Matlauda, District Panipat.

(2.) I have heard counsel for the parties and gone through the contents of the FIR as well as the order dated 22.12.2006, passed by Additional Sessions Judge, Panipat, whereby bail application of the petitioner has been dismissed.

(3.) In the aforesaid case, as per the prosecution version, two boys came to the shop of Ravi and one of them caused bullet injury on Ravi. Counsel for the petitioner contends that as per investigation, the petitioner was not among those two boys, but it was found that he was driving the car, in which the aforesaid two boys ran away. Counsel further contends that vide order dated July 13, 2006, passed by this court, bail was granted to the petitioner and since then, he was regularly appearing before the trial court. Subsequently, on November 25, 2006, when two prosecution witnesses were present in the trial court, the petitioner could not appear, due to which his bail bonds were cancelled and he was summoned through non-bailable warrants. Counsel further contends that subsequently, the petitioner was arrested on 18.12.2006 and since then, he is in custody. He submits that non-appearance of the petitioner before the trial court on 25.11.2006 was not intentional, as he was ill. In this regard, a medical certificate has also been annexed with this petition. The aforesaid material facts have not been disputed by the State Counsel.