Aas Mohamm vs The Yamuna

Aas Mohammad Vs The Yamunanagar District Co-Op Ban K Ltd.

Case Details

Case Type	BA
Filing Number	4734/2019
Registration Number	1676/2019
Filing Date	14-12-2019
Registration Date	14-12-2019

First Hearing Date	14th December 2019
Decision Date	17th December 2019
Case Status	Case Disposed
Court Number and Judge	23-Additional District And Sessions Judge;
Nature of Disposal	Contested--Dismissed;

Petitioners & Respondents

Petitioner

Aas Mohammad, ;

Petitioner Advocate

Bhupinder Singh Saini;

Respondent Name

The Yamunanagar District CoOp Ban K Ltd.;

Order Details

Order Date

14-12-2019

after tab option CNR No. HRYN010107192019 CIS No. BA-1676 of 2019 Aass Mohd. Vs. State of Haryana Present: Shri Bhupinder Singh Saini, Advocate for the applicant. Bail application received by way of assignment. It be checked and registered. Notice of the application be issued to the respondents for 17.12.2019 on filing of copies etc. (Amarinder Sharma) ASJ/Yamuna Nagar at Jagadhri (UID No. HR0186) Date of order: 14.12.2019 Typed by Raj Kumar-II Stenographer 2019-12-14T16:04:41+0000 RAJ KUMAR I attest to the authenticity of this document

Final Order Judgement

Order Date

17-12-2019

new Aas Mohd. Vs. The Yamuna Nagar District Primary Coop. 1 IN THE COURT OF AMARINDER SHARMA, ADDITIONAL SESSIONS JUDGE, YAMUNA NAGAR AT JAGADHRI (UID No.HR0186) C.N.R. No. HRYN010107192019 C.I.S. No. BA-1676-2019 Date of Institution: 14.12.2019 Date of Order: 17.12.2019 Aass Mohd., aged 34 years son of Shri Islam, resident of Village & P.O. Naharpur, Tehsil Jagadhri, District Yamuna Nagar. ...Applicant/Appellant Versus 1. The Yamuna Nagar District Primary Cooperative Agricultural & Rural Development Bank Ltd., Branch Jagadhri, Tehsil Jagadhri, District Yamuna Nagar through its Branch Manager 2. State of Haryana ...Respondents Application for anticipatory bail under Section 438 Cr.P.C. in Criminal Appeal against the judgment of conviction dated 16.7.2018 and order of sentence dated 17.7.2018 Argued by: Shri Bhupinder Singh Saini, counsel for the applicant/appellant. Shri J.S.Deswal, counsel for respondent No. 1/Bank. Shri Raj Kumar, Public Prosecutor for respondent No. 2/State. ORDER: This anticipatory bail application has been filed in the aforementioned F.I.R. by the applicant/appellant under Section 438 Cr.P.C. Upon notice, learned counsel for respondent No.1/Bank and the learned (Amarinder Sharma) ASJ/Yamuna Nagar at Jagadhri 17.12.2019 (UID No.HR0186) Aas Mohd. Vs. The Yamuna Nagar District Primary Coop. 2 Public Prosecutor for the respondent No. 2/State have appeared and filed reply. 2. Learned counsel for the applicant/appellant has submitted as per the contents of the bail application. It has been submitted that the applicant/appellant was regularly appearing before the Court but he could not attend the court proceedings on 18.4.2019 because of his ailment/injury sustained on 16.4.2019. It has further been submitted that the applicant/appellant has cleared the entire loan amount with the bank and accordingly, it has been prayed that he may be granted the concession of anticipatory bail. 3. On the other hand, learned counsel for the respondent No.1/Bank has conceded the fact that the applicant/appellant has cleared the entire loan amount with the bank. However, learned Public Prosecutor for the State/respondent No. 2 has submitted that the present application is not maintainable as the applicant/appellant abstained from appearing before the court, which resulted in the delay of the criminal appeal. With these submissions, a prayer for dismissal of the anticipatory bail application was made. 4. I have considered the rival contentions putforth by the learned counsel for the parties and have gone through the record meticulously. 5. Perusal of the record shows that on 18.4.2019, the applicant/appellant failed to appear before this court. Exemption application filed on his behalf was declined and the bail of the (Amarinder Sharma) ASJ/Yamuna Nagar at Jagadhri 17.12.2019 (UID No.HR0186) Aas Mohd. Vs. The Yamuna Nagar District Primary Coop. 3 applicant/appellant was cancelled and his presence was ordered to be secured through warrant of arrest. More so, the compliance qua the deposit of 20% of the compensation amount awarded by the learned trial court was also not made by the applicant/appellant despite availing the maximum period of 90 days granted for the said purpose and recovery warrant under section 421 Cr.P.C. were issued against the applicant/appellant. So far as the plea regarding the hospitalization of the applicant/appellant on the date fixed is concerned, no such fact was brought to the notice of the court on the said date as it is evident from the record of the case that the application for exemption from personal appearance dated 18.4.2019 was accompanied with the reason that he has gone out of station at Karnal for getting issued disability certificate for pension and therefore, he could not attend the court. Hence, evidently there are inconsistent and apparently false excuses being taken by the applicant/appellant only to attempt to defeat the due process of law and the same certainly cannot be allowed by the court by sitting as a mute spectator. Instead of making an appearance before this court, the applicant/appellant chose to file the present anticipatory bail application, which is not supported by any convincing grounds. The overall conduct of the applicant/appellant read with the matrix of circumstances evident on the record of the court, fails to make out any cogent circumstances for grant of anticipatory bail. Thus, keeping in view the act and conduct of the (Amarinder Sharma) ASJ/Yamuna Nagar at Jagadhri 17.12.2019 (UID No.HR0186) Aas Mohd. Vs. The Yamuna Nagar District Primary Coop. 4 applicant/appellant, he has failed to make out a case for seeking the discretionary relief of anticipatory bail. 6. Therefore, in view of the aforesaid discussion, keeping in view the entire conspectus of facts and without commenting on the merits of the case, no ground is made out to grant the extraordinary relief of anticipatory bail to the applicant/appellant. Accordingly, the instant anticipatory bail application stands dismissed. Papers be tagged with the main case file. Pronounced in open Court (Amarinder Sharma) Dated: 17.12.2019 Additional Sessions Judge Yamuna Nagar at Jagadhri (UID No.HR0186) Typed by Rajni Stenographer Gr-1 (Amarinder Sharma) ASJ/Yamuna Nagar at Jagadhri 17.12.2019 (UID No.HR0186) 2019-12-17T16:07:43+0530 RAJNI I attest to the accuracy and authenticity of this document

Order Date

17-12-2019

new C.N.R. No. HRYN010107192019 C.I.S. No. BA-1676-2019 Aass Mohd. Vs. The Yamuna Nagar District Primary Coop. Present: Shri Bhupider Singh Saini, counsel for the applicant/appellant. Shri J.S.Deswal, counsel for respondent No. 1/Bank. Shri Raj Kumar, Public Prosecutor for respondent No. 2/State. Power of attorney filed by the learned counsel for respondent No.1/Bank. Arguments heard. Order pronounced. Vide separate order of even date, the instant anticipatory bail application stands dismissed. Papers be tagged with the main case file. Pronounced in open Court (Amarinder Sharma) Dated: 17.12.2019 Additional Sessions Judge Yamuna Nagar at Jagadhri (UID No.HR0186) Typed by Rajni Stenographer Gr-1 2019-12-17T15:49:22+0530 RAJNI I attest to the accuracy and authenticity of this document

Similar Cases

Frequently Asked Questions

The Petitioner in case Aas Mohammad vs The Yamunanagar District Co-Op Ban K Ltd. is Aas Mohammad.

The Respondent in case Aas Mohammad vs The Yamunanagar District Co-Op Ban K Ltd. is The Yamunanagar District Co-Op Ban K Ltd..

The case against The Yamunanagar District Co-Op Ban K Ltd.was filed on 14-12-2019 by Aas Mohammad.

The status of case Aas Mohammad against The Yamunanagar District Co-Op Ban K Ltd. is Case Disposed.