Prince Alias Prince Kumar And Another v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
  (O&M) Date of Decision: 24.03.2023  

    ....Petitioners

Versus

    

...Respondent

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

Mr. N.S. Lucky, Advocate for the petitioners.

 

 !"# $ HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 482 of the Code of Criminal Procedure, is for quashing of order dated 31.10.2022 (Annexure P-4) passed by learned Additional Sessions Judge, Jalandhar, during the trial proceedings emanating from case FIR No.131 dated 25.09.2019, registered under Sections 379-B and 411 of the Indian Penal Code (Section 34 of the IPC added later on), at Police Station Division 8, District Police Commisssionerate, Jalandhar (Annexure P-1); whereby the bail of the petitioners has been cancelled; bail bonds/surety bonds have been cancelled and forfeited to the State and non-bailable warrants have been ordered to be issued against them.

Learned counsel for the petitioners contends that vide order dated 22.11.2019 petitioners were granted the concession of bail by the Additional Sessions Judge Jalandhar and thereafter the petitioners had been attending the trial proceedings regularly. Learned counsel for the petitioners

-%- further submits that on 31.10.2022, they could not appear before the trial Court due to some mis-communication with their counsel before trial Court, consequently their bail was cancelled and their bail bonds/surety bonds were cancelled and forfeited to the State and non-bailable warrants were also ordered to be issued against them by the trial Court. Learned counsel submits that there was no intention on the part of petitioners to delay the proceedings and their absence before the trial court was neither intentional nor deliberate but for the aforesaid reason. Learned counsel further submits that the petitioners are ready and willing to surrender before the trial Court and join the proceedings, if they be granted one opportunity to do so. Learned counsel further submits that the petitioners 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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)<  + '&&",( In view of the above, the present petition is disposed of with a direction to the petitioners to surrender before the trial Court within two weeks from today by furnishing an undertaking before the trial Court that they would attend the Court proceedings regularly and shall 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 petitioners surrender before the trial Court then they be released by the trial Court upon their furnishing fresh surety bonds/bail bonds to its satisfaction subject to payment of cost of Rs. 10,000/- each to be deposited in the concerned District Legal Services Authority.

However, the concerned Station House Officer shall be informed about the release of petitioners and the petitioners shall inform the concerned Station House Officer about their address at which they 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 petitioners would also furnish their telephone number to the concerned Station House Officer and keep their mobile location on. Disposed of in the above-said terms.

24.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No