Gagandeep Singh @ Gaggi @ Kala v. State Of Punjab
--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 28.03.2023 ....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Parminder Singh Sekhon, 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 31.05.2022 (Annexure P-3) passed by Judge, Special Court, Sangrur, in case FIR No.117 dated 19.09.2019, registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Sherpur, District Sangrur, vide which, the bail granted to the petitioner has been cancelled; his bail/surety bonds have been cancelled and forfeited to the State.
Learned counsel for the petitioner contends that petitioner was granted bail by this Court vide order dated 08.07.2022 (Annexure P-7) and he attended the trial proceedings regularly. Learned counsel for the petitioner submits that on 31.05.2022, he could not appear before the trial Court as his mother namely Kanta Devi was seriously ill, consequently his bail was cancelled and his bail bonds/surety bonds were also 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 that mother of petitioner was seriously ill and she expired on 20.06.2022 and petitioner was performing last rites of his mother. 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.
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%' , In 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 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.
In case the petitioner fails to surrender within three weeks from today then the instant 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