High Court of Punjab and HaryanaCRM-M/4269/2020allowed

Suraj v. State Of Punjab

2021-08-10Mr. Justice Raj Mohan Singh3 pages

202-B

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.4269 of 2020 Date of Decision:10.08.2021 SURAJ ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Piyush Sharma, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl AG, Punjab.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.155 dated 21.07.2018 registered under Sections 22 of NDPS Act, at Police Station City Ferozepur, District Ferozepur.

Notice of motion was issued on 31.01.2020 to the following effect:- "Learned counsel for the petitioner contends that the petitioner was granted interim regular bail by the Judge, Special Court, Ferozepur. The petitioner ab-

sented from the Court on 27.11.2019, his bail was cancelled and bonds were forfeited to the State. Notice was also issued to the surety in terms of Section 446 Cr.P.C.

Notice of motion for 28.02.2020.

In the meanwhile, petitioner is directed to appear before the Judge, Special Court, Ferozepur on the date fixed. In the event of his appearance, he shall be granted interim bail on his furnishing adequate bail bonds/surety bonds subject to the satisfaction of the Judge, Special Court, Ferozepur.

To be heard along with CRM-M No.451 of 2020.."

Learned counsel for the petitioner submits that the petitioner had appeared before the trial Court on 10.02.2020. On 05.02.2020, the petitioner could not arrange surety bonds and thereafter, indulgence was sought and granted by the trial Court and ultimately he appeared before the trial Court on 10.02.2020 and has been granted interim bail in pursuance of order dated 31.01.2020 passed by this Court.

Learned State counsel on instructions from ASI Roshan Lal Submits that ASI Jang Singh could not depict true picture on 28.02.2020, resulting in passing of the order against the factual position. For providing incorrect information on 28.02.2020, learned State counsel submits that ASI Jang Singh feels sorry and ensures that he would be more careful in future. The explanation is taken on record.

In view of aforesaid factual position, the interim order dated 31.01.2020 is made absolute. However, petitioner shall keep on appearing before the trial Court regularly. Petition stands disposed of.

(RAJ MOHAN SINGH) 10.08.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No