Alok Singh, J. - (1.) THIS is an application moved by the accused -Petitioner under Section 439 Code of Criminal Procedure seeking regular bail in case FIR No. 174 dated 23.11.2007, under Sections 382, 506, 323, 325, 504, 341, 148, 149 of the Indian Penal Code, Police Station Sarhali, District Tarn Taran.
(2.) PERUSAL of the record reveals that initially, Petitioner - accused was released on regular bail, however, during the trial, he remained absent on 24.10.2009 and no request was made before the Trial Court for exemption of his personal appearance, hence, ultimately, his bail bonds and surety CRM M -37569 of 2010 bonds were cancelled and warrant of arrest was issued against the accused -Petitioner. The accused -Petitioner was arrested and produced by the Police before the Trial Court on 05.06.2010. Thereafter, an application seeking bail was moved before the Court on the ground accused -Petitioner could not appear on the date fixed before the Trial Court due to long illness. Before this Court, the ground taken is that the accused -Petitioner could not appear before the Trial Court as he had performed love marriage on 02.08.2009 and their parents and police were after them because of love marriage and they had to take shelter here and there and after patch up with the parents pertaining to the love marriage, Petitioner had appeared before the Trial Court on 05.06.2010. An affidavit of Gurinder Kaur, wife of the accused -Petitioner, was also filed on the record saying that Petitioner himself has surrendered before the Trial Court on 05.06.2010, however, learned Counsel for the accused -Petitioner has argued that the Petitioner has surrendered before the Police on 05.06.2010 and thereafter, police has produced him before the Court, while record shows otherwise that he was arrested and produced by the Police. I do not find any ground to release the Petitioner on bail.
(3.) DISMISSED .;