Harjeet Kaur v. State Of Punjab

2024:PHHC:035924

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12479-2024 Date of Decision: March 13, 2024 HARJEET KAUR ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. G.S. Sandhu, Advocate for the petitioner. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing of the orders dated 07.10.2023 to 20.02.2024 (Annexures P-3 to P-7) passed by the Court of learned Chief Judicial Magistrate, Sri Muktsar Sahib, whereby bail of the petitioner was cancelled, besides, forfeiture of bail/surety bonds, followed by issuance of non-bailable warrants against him. 2.

Having been implicated in FIR No.0223 dated 29.10.2017 registered under Sections 384 of IPC at P.S. City Sri Muktsar Sahib, District Sri Muktsar Sahib, the petitioner was granted the concession of anticipatory bail vide order dated 24.01.2020 passed by Additional Sessions Judge, Sri Muktsar Sahib, and since then, he had been regularly appearing before the Trial Court, but for 07.10.2023, when she was suffering from viral resulting into issuance of non-bailable warrants against her.

3.

Learned counsel for petitioner submits that the petitioner has no intention to avoid the process of law. He further submits that she has been facing the trial for the past more than five years now and has TEJWINDER SINGH 2024.03.15 10:18 I attest to the accuracy and integrity of this document

2024:PHHC:035924 -2CRM-M-12479-2024 been continuously appearing before the Court below but for 07.10.2023 for the reasons stated hereinabove 4.

Notice of motion.

5.

Mr. Athar Ahmed, DAG, Punjab who is present in Court accepts notice on behalf of respondent-State and submits that nonappearance of petitioner was a deliberate attempt to delay the proceedings pending before Court below.

6.

I have heard learned counsel for the parties and gone through the paper book. I find no reason to disbelieve the reasoning stated on behalf of petitioner as regards her illness on 07.10.2023. 7.

In view of the aforesaid, the petitioner shall surrender before the Court below within a period of 7 days from today and shall furnish her fresh bail bonds/surety bonds to the satisfaction of Court concerned.

8.

However, the above order shall be subject to payment of cost of Rs.10,000/- to be deposited with Poor Patients' Welfare Fund, PGIMER, Chandigarh within a period of one week from today. 13.03.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.03.15 10:18 I attest to the accuracy and integrity of this document