Gurpreet Singh v. State Of Punjab

CRM-M-12436-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12436-2022 Date of decision:24.03.2022 Gurpreet Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vaibhav Sehgal, Advocate for the petitioner. Ms. Jaspreet Kaur, AAG, Punjab **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 04.02.2016, Focal Point, District Ludhiana 389, 506, 120-B IPC read with Section 66 of Punjab Police Act, 2007 1.

Challenging the order of cancellation of bail and issuance of non-bailable warrants due to the default in an appearance before the trial court, the petitioner has come up before this court.

2.

The background leading to the cancellation of bail and issuance of non-bailable warrants is as follows:

" On 06.04.2021, Gurpreet Singh-the present petitioner was absent and notice was issued to him for 21.05.2021. On the next date of hearing i.e. 21.05.2021, he was absent and fresh notice was issued to him again. Subsequently, on 10.12.2021 again he was absent as such his bail bonds were cancelled and arrest warrants were issued". 3.

In paragraph 4 of the petition, the accused offers the following explanation, " That the impugned order dated 10.12.2021 is wholly unsustainable in the eyes of law as when the order with regard to the absence of the accused with consequent notice to the accused was passed, the second wave of Covid-19 pandemic was at its absolute peak. The courts were working in restrictive mode of functioning. The parties/litigants were not being permitted to go inside the premises." 4.

Although the petitioner appears to be lacking serious intent, it cannot be tantamount to complete disregard in light of the explanation offered. Furthermore, the disruptive effect of the COVID-19 pandemic on the country's varied systems also should not be ignored. Given this background and the facts and circumstances peculiar to this case, I am satisfied by the explanation offered. The petition is allowed to the extent mentioned in this order and with the following conditions. SONIA ARORA 2022.03.30 12:09 I attest to the accuracy and integrity of this document

CRM-M-12436-2022 5.

There shall be a stay of the petitioner's arrest in the case mentioned above for twenty days; however, if the petitioner fails to appear within this time of 20 days, then stay on arrest shall stand vacated without any further reference to this court. It is clarified that if the petitioner appears before the concerned court, then the impugned order dated 10 Dec 2021, Annexure P-5, issued by the concerned court against the petitioner in the matter mentioned above shall stand quashed, warrants canceled, and bonds restored. However, in case the ld. trial court so desires, it may ask the petitioner to furnish fresh bail bonds, and in such an eventuality, the petitioner shall execute a bond for attendance in the concerned court to its satisfaction.

6.

Within ten days from today, the petitioner shall deposit a sum of rupees ten thousand in 'High Court Lawyers Welfare Fund,' Account number 65018692589, SB, IFCI code SBIN0050306, Branch Code 50306, Brach Address State Bank of India, High Court Branch, Sector 1, Chandigarh. After depositing, the petitioner shall file the proof of deposit, before the concerned court and send its copy alongwith a copy of this order to the Secretary, Punjab & Haryana High Court Bar Association, either in physical or electronic mode.

7.

Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 8.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition allowed to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 24.03.2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.03.30 12:09 I attest to the accuracy and integrity of this document