Full Judgment
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRL.
MISC.
No.M-4286 OF 2014 DATE OF DECISION : 5th FEBRUARY, 2014 Nitin Kumar ….
Petitioner Versus State of Haryana & another ….
Respondents CORAM : HON’BLE Mr.JUSTICE SURINDER GUPTA **** Present : Mr.V.K.
Gupta, Advocate for the petitioner.
**** SURINDER GUPTA, J.
(ORAL) Petitioner has filed this petition under Section 482 Cr.P.C.seeking quashing of impugned order dated 17.01.2014 (Annexure P- 1) passed by learned Additional Sessions Judge, Yamuna Nagar.
Heard.
Vide order dated 17.01.2014 (Annexure P- 1) passed in bail application no.07/03.01.2014 Additional Sessions Judge, Yamuna Nagar has directed the petitioner to surrender before the trial Court and ordered his release on furnishing personal bond in the sum of `50,000/- with one surety of the like amount.
The directions have also been given to the trial Court to initiate the proceedings under Section 446 Cr.P.C.against the petitioner and that the petitioner shall pay the entire amount of the personal bond.
CRL.
MISC.
NO.M-4286 OF2014-2- There is no direction to the petitioner to deposit the sum of `50,000/- before the trial Court while deciding his application for anticipatory bail.
Learned counsel for the petitioner has submitted that the petitioner has to surrender in the trial Court within 15 days and that period is going to expire today.
Because of the direction of the learned Additional Sessions Judge, Yamuna Nagar for initiation of proceedings under Section 446 Cr.P.C.and deposit the entire amount of personal bond he could not appear.
The petition is disposed of with the direction that the petitioner will surrender in the trial Court as per the order dated 17.01.2014, within three days.
However, the further directions given by the Additional Sessions Judge in the order, are modified to the extend that the trial Court may proceed against the petitioner under Section 446 Cr.P.C.and pass order, in accordance with law, without being swayed by any observation made in the order dated 17.01.2014.
Copy of this order be supplied to counsel for the petitioner under the signatures of the Court Secretary.
5th February, 2014 (SURINDER GUPTA) GUPTA) ‘raj’ JUDGE Raj Kumar 2014.02.06 10:00 I attest to the accuracy and integrity of this document Chandigarh