Mahabir Singh v. State Of Punjab
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision: 28.03.2023 Mahabir Singh ....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Gursimran Singh Bhatia, Advocate for the petitioner.
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 02.11.2022 passed by learned Additional Sessions Judge, Amritsar, vide which the bail order of the petitioner was cancelled and arrest warrants were issued against him, in case FIR No.256, dated 22.08.2014, registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Jandiala Guru, District Amritsar Rural.
Learned counsel for the petitioner contends that vide order dated 16.03.2018 (Annexure P-2) petitioner was granted the concession of bail by the Judge Special Court, Amritsar and thereafter the petitioner had been attending the trial proceedings regularly until the country was hit by pandemic of COVID-19, when petitioner was informed by his counsel appearing before trial Court that he would get notice to appear once the Courts start functioning normally. Learned counsel for the petitioner further
-- submits on 02.11.2022, he could not appear before the trial Court as no notice was served upon him and his bail was cancelled and his bail bonds/surety bonds were cancelled and forfeited to the State and nonbailable 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 that no notice was served upon him. Learned counsel further submits that the petitioner is ready and willing to surrender before the trial Court and join the proceedings, if he be 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.
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&& (Annexure P-9)
&.2022 for which petitioner has given the reason that no notice was served upon him after the Courts started functioning normally after COVID-19. "
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1
-2In view of the above, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within three weeks from today by furnishing an undertaking before the trial Court that he 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 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 and keep his mobile location on. In case petitioner fails to surrender within three weeks from today then the present petition shall be deemed to have been dismissed. Disposed of in the above-said terms.
28.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No