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High Court of Punjab and HaryanaCRM-M/2836/2024disposed of

Arbaz Alias Arbaj Khan v. State Of Punjab

2024-05-17Mr. Justice Jasjit Singh Bedi3 pages

- 1 - 250 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : May 17, 2024 Arbaz @ Arbaj Khan .....Petitioner Vs.

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Chandan Singh Rana, Advocate for the petitioner.

Mr.Rahul Jindal, AAG, Punjab.

JASJIT SINGH BEDI, J. (Oral) The Prayer in this petition under Section 482 Cr.PC is for the quashing of the order dated 11.12.2023 (Annexure P-5) passed by Judge Special Court, Ludhiana whereby bail bonds and surety bonds were ordered to be cancelled and he was ordered to be summoned through NBWs in case FIR No.29 dated 10.02.2019 under Sections 21, 61, 85 of NDPS Act P.S. City-2, Khanna, District Khanna.

On 08.04.2024, the following order was passed :- "The Prayer in this petition under Section 482 Cr.PC is for the quashing of the order dated 11.12.2023 (Annexure P-5) passed by Judge Special Court, Ludhiana whereby bail bonds and surety bonds were ordered to be cancelled and he was ordered to be summoned through NBWs in case FIR

- 2 - No.29 dated 10.02.2019 under Sections 21, 61, 85 of NDPS Act P.S. City-2, Khanna, District Khanna.

The Counsel for the petitioner contends that on account of illness, the petitioner was unable to appear on 11.12.2023 on which date the impugned order came to be passed. He states that petitioner is ready and willing to join the proceedings once again.

Notice of motion for 17.05.2024.

In the meanwhile, the petitioner is directed to surrender before the Trial Court within a period of one week from today and subject to a deposit of Rs.25,000/- as costs with the Society for the Care of the Blind, Sector 26, Chandigarh Account No.10506615304, IFSC Code SBIN0003246 State Bank of India, Sector 7, Chandigarh he shall be admitted to interim bail to the satisfaction of the Trial Court.

The petitioner is further directed to place on record the photocopy of receipt of payment as well as the order passed by the court below granting interim bail to the petitioner."

Thereafter, on 01.05.2024, the following order was passed :- "CRM-18037-2024 The prayer in the application under Section 482 Cr.P.C. is for extension of one weeks time to comply with the order dated 08.04.2024 passed by this Court. Heard.

For the reasons stated in the application duly supported by affidavit of applicant/petitioner himself, the application is allowed and applicant is granted one weeks time to comply with the order dated 08.04.2024. The application stands disposed of."

- 3 - In deference to the aforementioned orders, the petitioner has surrendered and vide order dated 03.05.2024 passed by the Additional Sessions Judge, Fast Track Special Court, Ludhiana has been released on interim bail. The copy of the said order is taken on record as Mark 'A'. In view of the above, no further orders are required to be passed by this Court.

It is expected that the petitioner shall not absent himself from the Trial without sufficient cause.

Disposed of.

( JASJIT SINGH BEDI ) May 17, 2024 JUDGE satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO