GURDEV SINGH @ DEVA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is submitted by learned counsel for the petitioner that there were two cases fixed against the petitioner on 17.10.1997 i.e. one in the Court of Mrs. Sabina, Additional Sessions Judge, Roopnagar and the other in the court of Shri R.C. Sharma Additional Sessions Judge, Roopnagar. Petitioner appeared in the Court of Mrs. Sabina, Additional Sessions Judge, Roopnagar but when he went to appear in the Court of Shri R.C. Sharma, Additional Sessions Judge, it was found that bail allowed to him had been cancelled and it had been ordered that he would be taken into custody. Petitioner could not possibly be present in both the Courts at the same time. The impugned order passed by Shri R.C. Sharma, Additional Sessions Judge shows that the case had been called before lunch break. It would have been better if punitive action had been taken a little before 4.00 P.M. It did not behove a Senior Officer like Sh. R.C. Sharma, Additional Sessions Judge, Roopnagar to have ordered punitive action against the accused for his absence before 1.00 P.M. The absence of the petitioner on 17.10.1997 before Shri R.C. Sharma, Additional Sessions Judge, Roopnagar appears to be bona fide having crept in because of his lying stuck up in the Court of Mrs. Sabina, Additional Sessions Judge, Roopnagar where he had another case against him. So, this Criminal Misc. Petition is allowed. Additional Sessions Judge, Roopnagar is directed to allow bail afresh to the accused. A copy of this order be givedasti to the counsel for the petitioner. Petition allowed.