Sukhpreet Kaur @ Aman v. State Of Punjab
2023:PHHC:041888
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-14300-2023 Date of Decision: March 22, 2023 SUKHPREET KAUR @ AMAN ........ Petitioner
Versus
STATE OF PUNJAB ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. G.S. Sandhu, Advocate for petitioner.
HARKESH MANUJA, J. (ORAL) By way of present petitioner filed under Section 482 CrPC, , prayer has been made for seeking quashing of order dated 26.09.2022 and 18.11.2022 passed by Court of learned CJM Sri Muktsar Sahib vide which the bail bonds of petitioner has been cancelled followed by forfeiture of surety bonds and issuance of non-bailable warrants against her.
Having been implicated in FIR No.0223 dated 29.10.2017 registered under Section 384 of IPC, the petitioner was granted concession of regular bail vide order dated 24.11.2017 and since then has been appearing before trial Court but for 26.09.2022 when she was suffering from viral resulting into issuance of her bailable warrants for 18.11.2022, however, she could not appear on the said date as well on account of some miscommunication with her counsel resulting into issuance of non-bailable warrants against her. 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 been continuously appearing before the Court below but for 26.09.2022 TEJWINDER SINGH 2023.03.22 16:20 I attest to the accuracy and integrity of this document
2023:PHHC:041888 CRM-M-14300-2023 -2and 18.11.2022 for the reasons stated hereinabove. Notice of motion.
Mr. Tarun Aggarwal, Sr. D.A.G. Punjab who is present in Court accepts notice on behalf of respondent-State and submits that non-appearance of petitioner was a deliberate attempt to delay the proceedings pending before Court below.
I have heard learned counsel for petitioner and gone through the paper-book. I find no reason to disbelieve the reasoning stated on behalf of petitioner as regards her illness on 26.09.2022 as the said fact also finds mention in the order dated 06.02.2023 passed by the Court below while deciding the application filed by petitioner seeking anticipatory bail.
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.
However, the above order shall be subject to payment of cost of Rs.10,000/- to be deposited with the Punjab and Haryana High Court Bar Association Lawyer's Family Welfare Fund having Account No.41564846387 with State Bank of India, High Court Branch, Chandigarh within a period of one week from today. 22.03.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.03.22 16:20 I attest to the accuracy and integrity of this document