High Court of Punjab and HaryanaCRM-M/6372/2020allowed

Amandeep Singh @ Babbu v. State Of Punjab

2021-09-08Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video-conferencing) CRM-M No.6372 of 2020 Date of Decision: 08.09.2021 AMANDEEP SINGH @ BABBU ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Abhimanyu Kalsy, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.410 dated 30.12.2017 registered under Sections 22 and 25 of the NDPS Act and Section 61 of the Punjab Excise Act, 1914 at Police Station Dakha, District Ludhiana.

On 13.02.2020, following order was passed by this Court:- "Learned counsel for the petitioner contends that 15.11.2019 was the date fixed before the Trial Court which was not in the knowledge of the petitoner as his counsel had noted the next date before the Trial Court as

15.01.2020.

Owing to the aforesaid situation, the petitioner could not appear on 15.11.2019 and his bail was cancelled. Notice of motion for 22.04.2020.

In the meanwhile, petitioner is directed to appear before Trial Court on 20.02.2020 and 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 trial Court".

As per pleaded case of the petitioner, the nonappearance of the petitioner before the trial Court on 15.11.2019 was on account of wrong recording of next date of hearing before the trial Court as the same was noted as 15.01.2020.

In view of aforesaid position, the bail of the petitioner was cancelled.

Learned counsel for the petitioner has placed on record photocopy of order dated 20.02.2020 passed by the Judge, Special Court, Ludhiana in the context of appearance of the petitioner in compliance of order dated 13.02.2020 and grant of interim bail to the satisfaction of the Court. The aforesaid fact has been admitted by learned State counsel on instructions from ASI Pritam Masih. In view of aforesaid facts, the interim order dated 13.02.2020 is made absolute. However, the petitioner shall keep on appearing before the trial Court regularly.

Petition stands disposed of.

(RAJ MOHAN SINGH) September 08, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No