High Court of Punjab and HaryanaCRM-M/24089/2022allowed

Gurwinder Singh @ Gubinder Singh @ Ginder v. State Of Punjab

2022-05-30Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-24089-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24089-2022 (O&M) Date of decision: 30.05.2022 Gurwinder Singh @ Gurbinder Singh @ Ginder ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. R.S. Sidhu, Advocate for the petitioner.

****** ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for setting aside the order dated 15.11.2021 passed by the Additional Sessions Judge, Tarn Taran, vide which bail/surety bonds of the petitioner were cancelled and non-bailable warrants were issued against him in FIR No.33 dated 23.04.2019 under Section 22 of NDPS Act, registered at Police Station Bhikhiwind, District Tarn Taran. Learned counsel for the petitioner submits that the petitioner was granted interim bail by the Additional Sessions Judge, Tarn Taran vide order dated 24.06.2019 awaiting FSL report and the same was confirmed on 03.01.2020. Thereafter, the petitioner was regularly appearing before the VISHNU 2022.05.30 17:00 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, Chandigarh

CRM-M-24089-2022 -2trial Court, however, he absented from the Court proceedings on 15.11.2021 and his bail/surety bonds were cancelled and non-bailable warrants were issued. It is further submitted that the petitioner is ready to surrender before the trial Court and face the trial.

Notice of motion.

On asking of the Court, Mr. Joginder Pal Ratra, DAG, Punjab accepts notice on behalf of the respondent-State and has not disputed the factual position.

After hearing learned counsel for the parties and considering the aforesaid submissions, this petition is allowed. The impugned order dated 15.11.2021 (Annexure P-4) is set aside and the petitioner is directed to surrender before the trial Court within a period of 10 days from today and he will be released on bail subject to his furnishing fresh bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate, concerned, however, subject to deposit the costs of Rs.5,000/- with the District Legal Services Authority, concerned.

[ ARVIND SINGH SANGWAN ] 30.05.2022 JUDGE vishnu Whether speaking/reasoned Yes/No Whether reportable Yes/No VISHNU 2022.05.30 17:00 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, Chandigarh