AVTAR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-4-56
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 12,2013

AVTAR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

RAM CHAND GUPTA, J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.82 dated 29.09.2011, under Sections 363/366A/376/120B IPC, registered at police station Meharban, District Ludhiana.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ludhiana dismissing anticipatory bail application filed by the petitioner. This Court while issuing notice of motion on 15.01.2013 passed the following order:- "Crl.M.No.1568 of 2013 Application is allowed subject to all just exceptions. Crl.M.No.M-861 of 2013 Contends that petitioner is father of the main accused and that he was found innocent by the police after investigation and, however, he has been summoned to face trial by learned trial Court by allowing application of the prosecution filed under Section 319 Cr.P.C. It is further contended that allegation of rape is against the co-accused, i.e., son of present petitioner. It is further contended that petitioner is ready to appear before learned trial Court and face trial. Notice of motion to Advocate General, Punjab, for 15.2.2013. In the meantime, petitioner is directed to appear before learned trial Court within two weeks from today and if he so appears and applies for bail, learned trial Court is directed to admit him on interim bail subject to any conditions that may deem to be imposed by it."
(3.) IT has been contended by learned counsel for petitioner that he has already appeared before learned trial court pursuant to said order and admitted to interim bail. It is further stated by learned counsel for petitioner that petitioner undertakes to appear before learned trial Court on each and every date of hearing and face trial.;


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