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High Court of Punjab and HaryanaCRM-M/24000/2022allowed

Gurdeep Singh v. State Of Punjab

2022-05-30Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-24000 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-24000 of 2022 Date of Decision: 30.05.2022 Gurdeep Singh ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Ankit Joshi, Advocate for the petitioner. HARINDER SINGH SIDHU, J Prayer is for grant of anticipatory bail in case FIR No.194 dated 30.08.2021 under Section 21 (b) of NDPS Act registered at P.S City Kotkapura.

The petitioner, who is an accused in the said FIR, was admitted to bail on 19.10.2021. Thereafter, he was regularly appearing before the learned trial Court. However, due to absence of the petitioner on one of the dates i.e 10.05.2022 as fixed by the learned trial Court, bail bonds and surety bonds of the petitioner were cancelled and his presence has been ordered to be secured through non-bailable warrants. Learned counsel for the petitioner states that his nonappearance was not intentional. In fact, the petitioner was present in the court premises but being under the impression that his case was not called with his name, he could not cause appearance. In the evening, when he enquired about the listing of his case, he came to know that his bail bonds and surety bonds have been cancelled by the trial Court. He undertakes that the petitioner shall appear before the learned trial Court on the date fixed or any date to be fixed by this Court.

Notice of motion.

MANOJ KUMAR 2022.05.30 18:24 I attest to the accuracy and integrity of this document

CRM-M-24000 of 2022 #2# Mr. B.S. Sewak, Addl.AG, Punjab, accepts notice on behalf of the respondent-State.

Having heard learned counsel for the parties and taking into account the facts of the present case, this petition is disposed of with the observation that the petitioner may appear before the learned trial Court on or before the date fixed i.e 02.06.2022. On his doing so, he shall be enlarged on bail by the trial Court subject to his furnishing bail bonds and surety bonds to its satisfaction. He shall also file an undertaking before the concerned Court to continue appearing as and when required apart from following all the terms and conditions fixed in this respect. Till the next date of hearing, execution of non-bailable warrants shall remain stayed. It is made clear that if the petitioner does not appear before the court on or before the date fixed, this petition shall be liable to be dismissed.

May 30, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.05.30 18:24 I attest to the accuracy and integrity of this document