Prince @ Prince Kumar v. State Of Punjab
--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 24.03.2023
....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Narinder S. Lucky, Advocate for the petitioner.
Mr. Aditya Kapoor, AAG, Punjab.
HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 482 of the Code of Criminal Procedure, is for quashing of impugned order dated 23.11.2022 (Annexure P-4) passed by learned Additional Sessions Judge, Jalandhar, in case FIR No.130 dated 24.09.2019, registered under Sections 379-B read with Section 34 of the Indian Penal Code, at Police Station Division 8, District Police Commissionerate Jalandhar, whereby, the bail of the petitioner has been cancelled; his bail bonds/surety bonds have been cancelled and forfeited to State and warrants of arrest have been issued. Learned counsel for the petitioner contends that vide order dated 22.11.2019 (Annexure P-2), the petitioner was granted bail by the Additional Sessions Judge Jalandhar, and thereafter the petitioner was regularly attending the trial proceedings either by appearing in person or by filing exemption application. Learned counsel for the petitioner submits that on 23.11.2022, petitioner could not appear before the trial Court due to some mis-communication with his counsel, consequently his bail was
-- cancelled and bail bonds/surety bonds were cancelled and 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.
!!
" !# $ " !%% % %"% !%% &# %'""" ( )!"&% " $
*"
%% $&% +
%' #"!%% % % # %$!# $ % )% $"% !%% , "-""'
) $
$ "!%% *
$ " !
."- ! " !!&
/ * "%)!
' ,
! $ 0,,1 (Annexure P-4) $ ""%
!
! "%)!
'
$ & $!%% 23.11.2022 (Annexure P-4),% & -" %) +"
"%
&!-&# $$% %
!
!! &$ "
'%--#
"&
& % #
%&*% $ & , "%
-%( ')2,13,12+! %
-0- +%
!"# $
#+ & - 4
!
"
#$
&
' "
&
(( )(* % % % +,-
/ 0
.
-,1)2* -,3) *
%
-,1)2* -,3) *
%
.
4
& --56
%
"
& --56
%
( '
& --56
% 6
& --56
%
-5-
7
% & ' " ( ) '*+)
0
9
&
8
& ' ! ', " ) '*+ &
0 8
-,3) * % : %
7
/
)
*
& --5
% ;
!
-6-
6
#$
.
6
(3
(+
'
7 !
/
<
!
7 "! +"&% $"!%% * "% &% & .
#& *$ $% " 8&% & * "-& &% '% "%)&#"%
+ " % !! "$%9%,,23.11.2022+$ *"% """ '%-" eason that his absence before trial Court was on account of some miscommunication with the counsel.
!%'%-%*"& -8)% $ %
)
%%'" &)% % $"!%% ""*
-:- %% "% ! )%& +"%
% % % $$
!!
%# " !%% ) "% *# ,
-+ ( %%' $ !
%' &#"!%% +*
$% %;% $!
%' , In view of the above, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within two weeks from today 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 then he be released by the trial Court upon his furnishing fresh surety bonds/bail bonds to its satisfaction subject to payment of cost of Rs. 10,000/- to be deposited in the concerned District Legal Services Authority.
However, the concerned Station House Officer shall be informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer.
Disposed of in the above-said terms.
24.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No