Deepak Kumar v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
  (O&M) Date of Decision: 01.03.2023  

....Petitioner

Versus

  

...Respondent

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

Mr. Vipin Mahajan, Advocate for the petitioner.

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 9 !)  !:    ! # #- Learned counsel for the petitioner contends that vide order dated 18.10.2021 the petitioner was granted the concession of regular bail by the learned Sessions Judge, Gurdaspur and he continued to attend the trial proceedings regularly. Learned counsel for the petitioner further submits that on 18.01.2023, the petitioner could not appear before the trial

-'- Court as he noted a wrong date on account of miscommunication between the counsel and the petitioner, therefore, he could not appear on 18.01.2023, consequently his bail orders were cancelled and his bail bonds stood forfeited to the State and warrants of arrest were also ordered to be issued against him. 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. 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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he had noted down a wrong date.

Keeping in view the above-mentioned facts and circumstances and also considering the submission of the petitioner that there was no

-?- intention on his part to remain absent, this Court is inclined to afford one opportunity to the petitioner to mend his ways. Moreover, joining of proceedings by the petitioner, would ensure finalization of proceedings. In view of the above, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court on or before 15.03.2023 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 on or before 15.03.2023, then he be released by the trial Court upon his furnishing adequate bail bonds to its satisfaction subject to payment of cost of Rs. 10,000/- to be deposited with the trial Court 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.

Disposed of in the above-said terms.

01.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No