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High Court of Punjab and HaryanaCRM-M/19609/2025allowed

Sushil Kumar Alias Sheela v. State Of Punjab

2025-04-09Mr. Justice H.S. Grewal2 pages

CRM-M No.19609 of 2025 -1-    143 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.19609 of 2025 Date of decision: 09.04.2025 Sushil Kumar @ Sheela .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Sandeep Arora, Advocate for the petitioner.

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 1.

The petitioner in the present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) is for setting aside the order dated 17.03.2025 (Annexure P-4) passed by learned Additional Sessions Judge, Jalandhar in case FIR No.86 dated 21.06.2018, under Sections 22, 61, 85 of NDPS Act, 1985, registered at Police Station Goraya, District Jalandhar Rural whereby bail bonds, surety bonds of the petitioner were forefeited and non bailable warrants of arrest against the petitioner were issued. 2.

Learned counsel for the petitioner contends that the petitioner was regularly appearing before the trial Court concerned. However, on 21.12.2024 he could not appear as on that date, it was holiday and that case was adjourned to 23.12.2024 which could not be noted down by the petitioner. On 11.02.2025, bailable warrants were issued for 17.03.2025 and on 17.03.2025, non bailable warrants against the petitioner were issued. He further submits that the petitioner is willing and ready to appear and surrender before the Trial Court. He undertakes Sonia Puri 2025.04.10 12:54 I attest to the accuracy and integrity of this document

CRM-M No.19609 of 2025 -2-   to appear on each and every date of hearing and shall not seek his exemption from personal appearance on any date of hearing. Hence, in the aforementioned facts and circumstances, the petitioner prays that directions be issued to the Court concerned that his bail application, which he would be filing subsequent to his surrender, be decided expeditiously. 3.

Notice of motion.

4.

On the asking of the Court, Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice on behalf of the respondent-State. 5.

In view of the above, the instant petition is allowed and impugned order dated 17.03.2025 (Annexure P-4) passed by learned Additional Sessions Judge, Jalandhar in case FIR No.86 dated 21.06.2018, under Sections 22, 61, 85 of NDPS Act, 1985, registered at Police Station Goraya, District Jalandhar Rural stands set aside, subject to the condition that the petitioner shall appear and move an application for bail before the learned trial Court within 07 days from today subject to payment of costs of Rs.5,000/- to be paid to the District Legal and Services Authority concerned and the concerned Court shall release the petitioner on bail on the same day, subject to furnishing bail bonds to its satisfaction and imposing reasonable conditions as it may deem appropriate in the background of the petitioner-accused's conduct.

6.

It is made clear that in case, the petitioner fails to surrender before the Court concerned within 07 days from today, this order shall be of no avail to him thereafter.  09th April, 2025 (H.S. GREWAL) Sonia Puri JUDGE  Whether speaking/ reasoned : Yes / No Whether reportable : Yes / No  Sonia Puri 2025.04.10 12:54 I attest to the accuracy and integrity of this document