Rajinder Singh@Satta v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (O&M) Date of Decision: 06.01.2023  

 ....Petitioner

Versus

  

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. P.S. Sekhon, Advocate for the petitioner.

 



 !  !  "# HARSH BUNGER, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. for quashing of impugned order dated 22.09.2022 (Annexure P-6) passed by ASJ/JSC Patiala in case FIR No.207 dated 09.12.2020 under Sections 15 and 29 of NDPS Act, 1985 Police Station Passiana, District Patiala vide which the bail granted to the petitioner has been cancelled, his bail bonds/surety bonds were forfeited to the State and non-bailable warrants were ordered to be issued against him.

Learned counsel for the petitioner submits that on 22.09.2022 (Annexure P-6), petitioner could not appear before the Court as he was unwell and was admitted in PRAMP Hospital Cheeka, District Kaithal and consequently, bail of the petitioner was cancelled, his bail bonds/surety bonds were forfeited to the State and non-bailable warrants were also ordered to be issued against him by the trial Court. Learned counsel submits that there was no intention on the part of petitioner to delay the proceedings

-$- and his absence before the trial court was neither intentional nor deliberate but for the aforesaid reason. Learned counsel further submits that the petitioner is ready and willing to surrender before the trial Court and join the proceedings, if he is granted one opportunity to do so. Learned counsel further submits that the petitioner undertakes to appear on each and every date before the trial court and to abide by all the terms and conditions to be imposed by this Court or by the trial Court.

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 ,& &*& (*& +*)! ,& #+ )- ,& &  )& /* ((&++&' ' ,* #+ #)'*1* &  #)'* /&& -)-& &' ) ,&  & * ,& '' ) & ) ,& ' & -<&' & 22.09.2022! #&-)& ,& + 3)  -) /,(, ,& ,* .0& ,& &*) , he was unwell and was admitted in PRAMP Hospital Cheeka, District Kaithal

&&.  0&/ ,& -( , ,& &  )& /* &. ++ &. #&-)& ,& + 3)  # ) 22.09.2022! he was unwell and was admitted in PRAMP Hospital Cheeka, District Kaithal as per Annexure P-7;  &* , ,&& /* )  & ) ) ,*  ) &  #*&  ,* 3) * (+&' ) --)' )& ))   ) ,& &  )& ) &' ,* /* )&)0&! "). )- )(&&'.* # ,& &  )&! /) +' &* & -+= ) )- )(&&'.* In view of the above, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court on or before

->- 10.01.2023 by furnishing an undertaking before the trial Court that he will attend the Court proceedings regularly and will not leave the country without prior permission of the Court and abide by all terms and conditions to be imposed by the trial Court. In case, the petitioner surrenders before the trial Court on or before 10.01.2023, then he be released by the trial Court upon his furnishing adequate surety/bail bonds to its satisfaction subject to payment of cost of Rs. 10,000/- to be deposited with the trial Court in the concerned District Legal Services Authority.

In case, the petitioner does not appear before the trial Court on or before the date fixed i.e. 10.01.2023, then the instant petition shall be deemed to have been dismissed.

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Police Station Passiana, District Patiala *,++ #& -) &' ,& &  )& *,++ - *, ,* )#+& 

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)#+&@* +)( ) ) ' +*) &  ,& ()(&&' )+(& *  ) ) &0& + & & )' ++ ,& ()(+ *) )- ,& + Disposed of in the above-said terms.

06.01.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No