Gurmeet Singh v. State Of Punjab

2024:PHHC:014496

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (123) CRM-M-5477-2024 Date of Decision:-02.02.2024 Gurmeet Singh ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Pardeep Kumar Kapila, Advocate for the petitioner.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 04.01.2024 passed by Judicial Magistrate 1st Class, Mansa (Annexure P-4), whereby, the bail granted to the petitioner vide order dated 20.08.2021 has been cancelled on account of his absence from the proceedings before the trial Court.

2.

At the outset, learned counsel for the petitioner has submitted that after the bail was granted to the petitioner, he was informed that he will be put to notice at the stage of filing of challan but, he could not follow up the matter. The challan was presented on 21.12.2022 but since he was not living at the address stated earlier, he was never served and had no intimation with regard to the date of hearing. It was only when after the passing of the order dated 04.01.2024 that non bailable warrants were issued for 16.03.2024, the petitioner came to know. PARUL 2024.02.02 18:57 I attest to the accuracy and authenticity of this document

2024:PHHC:014496 CRM-M-5477-2024 -23.

Learned counsel for the petitioner has volunteered that the petitioner shall pay a cost of Rs. 10,000/- and he may be granted one opportunity to him to join the proceedings.

4.

Notice of motion.

5.

Mr. Siddharth Attri, AAG, Punjab, accepts on behalf of respondent-State.

6.

However, considering the fact that seeking reply shall only procrastinate the trial, which is pending since long, therefore, taking a lenient view, the petitioner is directed to surrender before the trial Court on 08.02.2024 and shall be released on bail by furnishing fresh bail bonds to the satisfaction of trial Court/Duty Magistrate/CJM concerned and shall also pay a heavy surety to be decided by concerned Illaqa Magistrate. 7.

It is made clear that after the grant of bail to the petitioner, he shall not absent himself on any date except with due permission of the Court.

8.

In light of the above, the present petition stands disposed of and the petitioner is imposed with a cost of Rs. 10,000/- to be deposited in Poor Patients Welfare Fund, PGIMER, Chandigarh, within two weeks from today.

(ALOK JAIN) JUDGE February 02, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.02.02 18:57 I attest to the accuracy and authenticity of this document