Sohan Singh v. State Of Punjab

CRM-M-14711-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14711-2022 Date of decision:- 07.04.2022 Sohan Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Monty Goyal, Advocate for the petitioner. Mr. Harsimar Singh Sitta, AAG, Punjab **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 22, 25, 61, 85 of NDPS Act and Section 61/1/14 of Excise Act 1.

Challenging the order of cancellation of bail and issuance of non-bailable warrants 11.11.2017 Jodhan, District Ludhiana.

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:

"As per paragraph 3 of the petition, the petitioner was regularly appearing in the Court except 02.03.2022 being fallen ill. He has also informed his counsel for moving application for exemption but he did not move the same". 3.

In paragraph 5 of the petition, the accused offers the following explanation: " That even otherwise, the absence of the petitioner is unintentional and without any malafide intentions and due to mistake of his counsel, non-bailable warrants of petitioner have been issued.

4.

Although the petitioner appears to be lacking serious intent, it cannot be tantamount to complete disregard considering 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. 5.

There shall be a stay of the petitioner's arrest in the case mentioned above for thirty days; however, if the petitioner fails to appear within this time of 30 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 SONIA ARORA 2022.04.08 09:59 I attest to the accuracy and integrity of this document

CRM-M-14711-2022 order dated 02.03.2022 Annexure P-2, issued by the concerned court against the petitioner in the matter mentioned above shall stand quashed, warrants cancelled, 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.

Given the conduct of the petitioner, coupled with the nature of allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority within thirty days from today and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case. 8.

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands.

9.

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. 10.

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 07.04.2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.04.08 09:59 I attest to the accuracy and integrity of this document