KAKKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed for seeking anticipatory bail in FIR No. 32 dated 02.04.2016 for the offences punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Kot Ise Khan, District Moga.

(2.) It is contended by learned counsel for the petitioner that in this very case, the petitioner was granted bail pending trial by the Trial Court vide Order dated 27.03.2017. Thereafter, the petitioner had been appearing regularly before the Trial Court, for at least, 17 dates only to get an Order from the Trial Court that no PW was present. This was happening despite the fact that all the witnesses in the case happens to be Police Officers. However, on one date, i.e. 12.09.2019 the petitioner could not appear before the Trial Court. Hence, the bail granted to him has been cancelled and warrant of arrest has been issued. Therefore, the petitioner apprehends his arrest. It is further submitted that the absence of the petitioner from the Trial Court was not intentional. In fact, the counsel for the petitioner, appearing before the Trial Court, had wrongly communicated the next date of hearing before the Trial Court to be 16.09.2019; instead of 12.09.2019. Therefore, by this inadvertent mistake, the petitioner could not appear before the Trial Court. Rather the petitioner went to the Court on 16.09.2019 and found that the case was not fixed for that date. Thereafter, the petitioner inquired into the matter and came to know that the bail granted to the petitioner has been cancelled for the reason mentioned above. It is further submitted by the counsel for the petitioner that the petitioner has no intention to flee from the course of justice. He intends to appear before the Trial Court to face further proceedings in accordance with law, as he was appearing earlier. The only prayer is that the petitioner be protected against his arrest.

(3.) Notice of motion.