Rajjinder Singh @ Raju v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-21263-2020 (O&M) Date of Decision:- 4.11.2020 Rajjinder Singh @ Raju ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-M-7593-2020 (O&M) Satnam Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Siddharth Sharma, Advocate, for the petitioner in CRM-M-21263-2020.

Mr. Mohinder Kumar, Advocate, for the petitioner in CRM-M-7593-2020.

Mr. Rana Harjasdeep Singh, DAG, Punjab.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral)

CRM-M Nos. 21263 & 7593 of 2020 (O&M) - 2 - 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Rajjinder Singh @ Raju and Satnam Singh, are seeking grant of anticipatory bail consequent upon cancellation of their bail by the trial Court vide order dated 28.11.2019. 2.

The petitioners who have been facing trial in respect of FIR No. 249, dated 29.11.2017, Police Station Kartarpur, District Jalandhar (Rural), under Section 22 of NDPS Act, had been granted bail by the trial Court. However, on account of their absence on 28.11.2019, the trial Court cancelled their bail and issued 'Non Bailable Warrants' for securing their presence.

3.

Learned counsel for the petitioners have submitted that their absence as on 28.11.2019 was on account of wrong impression about date and that otherwise they had always been appearing before the trial Court diligently. It has further been submitted that pursuant to interim directions issued by this Court, the petitioners have already appeared before the trial Court and furnished fresh bail bonds on 7.8.2020. 4.

The aforestated position is not disputed by the learned State counsel especially since the counsel for the petitioners have today furnished a copy of order dated 7.8.2020 which is taken on record. 5.

Having regard to the facts and circumstances of the case and in view of the fact that the absence of the petitioners as on 28.11.2019 was the first instance of default on part of the petitioners, both the petitions are accepted and interim directions issued vide orders dated 31.7.2020 (in CRM-M-21263-2020) and 20.2.2020 (in CRM-M7593-2020) are made absolute subject to the condition that the

CRM-M Nos. 21263 & 7593 of 2020 (O&M) - 3 - petitioners shall appear regularly before the trial Court and shall abide by the conditions as may be imposed by the trial Court. November 4, 2020 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No