Harpreet Singh Alias Happy v. State Of Punjab

2024:PHHC:051035 CRM-M-17100-2024 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-17100-2024 Date of decision : April 15, 2024 Harpreet Singh @ Happy ....Petitioner

VERSUS

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Sanjeev Kumar Banga, Advocate, for the petitioner Mr. Pardeep Bajaj, DAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

The challenge in the instant petition is for quashing of order dated 20.12.2023, vide which the bail order of the petitioner stands cancelled, bail bonds and surety bonds were also cancelled and forfeited to the State, which resulted into issuance of nonbailable warrants of arrest of the petitioner. 2.

Learned counsel for the petitioner, in asking for the said relief, has submitted that the petitioner was granted the pre-arrest bail vide order dated 29.10.2022, which was confirmed on 3.11.2022. Thereupon, the prosecution agency, after completion of the investigation, filed the final report. However, no information was given to the petitioner for causing appearance before the trial court upon filing the challan, which led to his absence. Learned counsel for the petitioner further submits that the absence of the petitioner DALBIR SINGH TIWANA 2024.04.19 04:14 I attest to the accuracy and integrity of this document

2024:PHHC:051035 CRM-M-17100-2024 -2was purely because of the above reason, and he has no intention to run away from the clutches of the law. He further submitted that the petitioner is ready and willing to join the proceedings before the trial court, in case adequate protection is granted. He has further submitted that the pre-arrest bail to the petitioner was granted by the learned trial court concerned itself, and it is the first instance of non-appearance of the petitioner, and that too was unintentional and has a valid reason for the same.

3.

This Court deem it fit and appropriate to extend the asked for relief. The petitioner is directed to cause appearance within 15 days from today before the learned trial court concerned. In case the petitioner appears and submits, his bail bonds to its satisfaction, the same shall be accepted. Till then, the arrest of the petitioner shall remain stayed. In case, the petitioner is failed to cause appearance within 15 days from today, the interim protection granted to the petitioner will ipso facto stand vacated, without any further reference to this Court.

4.

Disposed of accordingly.

( KULDEEP TIWARI ) April 15, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2024.04.19 04:14 I attest to the accuracy and integrity of this document