High Court of Punjab and HaryanaCRM-M/4918/2024disposed of

Som Nath @ Jangi v. State Of Punjab

2024-01-31Mr. Justice Harkesh Manuja2 pages

2024:PHHC:012761

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-4918-2024 Date of Decision: January 31, 2024 SOM NATH @ JANGI ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Ajay Pal Singh, Advocate for the petitioner. **** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition under Section 482 Cr.P.C., prayer has been made for quashing the order dated 21.12.2023 (Annexure P-2) passed by the Court of learned Special Judge, Hoshiarpur, whereby bail of the petitioner was cancelled, besides, forfeiture of bail/surety bonds, followed by issuance of non-bailable warrants against him.

Briefly stating, the petitioner was implicated in FIR No.260 dated 04.11.2021 registered under Section 15 of NDPS Act, at Police Station Model Town, District Hoshiarpur, wherein he was granted the concession of anticipatory bail vide order dated 07.12.2021 passed by learned Judge, Special Court, Hoshiarpur and since then, he had been regularly appearing before the Trial Court, but for 21.12.2023, when the petitioner could not appear for having noted down wrong date of hearing, resulting into passing of order dated 21.12.2023. The said order has been impugned by way of present petition. 3.

Learned counsel for the petitioner submits that the TEJWINDER SINGH 2024.02.01 10:31 I attest to the accuracy and integrity of this document

2024:PHHC:012761 CRM-M-63222-2023 -2non-appearance of the petitioner on 21.12.2023 before the Trial Court was totally unintentional and for bona fide reason i.e. on account of having noted down wrong date as 22.12.2023 instead of 21.12.2023. 4.

Notice of motion.

Mr. Shubham Kaushik, A.A.G., Punjab who is present in Court accepts notice on behalf of the respondent-State and opposes the prayer while submitting that the non-appearance of the petitioner before the Trial Court was just to cause delay in the disposal of trial. 6.

I have heard learned counsel for the parties and gone through the paper book.

The non-appearance of the petitioner before the Trial Court on 21.12.2023 appears to be unintentional and for bona fide reason i.e. on account of having noted down wrong date.

In view of the above, the present petition is allowed, subject to deposit of costs of Rs.5,000/- with District Legal Services Authority, Hoshiarpur. The order dated 21.12.2023 is set aside. Petitioner is directed to appear before the Trial Court within a period of 10 days from the date of receipt of certified copy of this order and furnish his fresh bail/surety bonds, which shall be accepted, by the trial Court to its satisfaction and till then no coercive steps be taken against him. The petitioner shall also file an affidavit that he will continue to appear before the Trial Court, unless granted exemption specifically and categorically.

31.01.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.02.01 10:31 I attest to the accuracy and integrity of this document