Satnam Singh @ Satta v. State Of Punjab

CRM-M-29608-2022 (O&M) 2023:PHHC:102911

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-29608-2022 (O&M) Date of decision: 26.07.2023 Satnam Singh @ Satta ....Petitioner versus State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Amit Arora Advocate for petitioner.

Mr. Mohit Thakur, AAG, Punjab.

***** ARUN MONGA, J. (ORAL) Petition herein is for quashing of order dated 22.03.2022(Annexure P-3), whereby learned trial Court has cancelled the bail order of the petitioner and bail bonds were forfeited to the State in the proceedings arising out of FIR No.184 dated 02.08.2017 registered under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhikhiwind, District Tarn Taran and arrest warrants were issued against him.

2.

While issuing notice of motion, following order was passed on 13.07.2022:- Instant petition has been filed under Sections 482 Cr.P.C for quashing of order 22.3.2022 passed by the Court of Addl. Sessions Judge Special Court, Tarn Taran vide which the bail orders and bail bonds of the petitioners were cancelled on account of absence of the petitioners on that date before the trial Court and consequently he was ordered to be summoned through non-bailable warrant of arrest. The counsel for the petitioner submits that the absence of the petitioner on the date fixed before the trial Court is not intentional and actually the petitioner noted down the wrong date and as such failed to appear before the trial Court on 22.3.2022. The counsel for the petitioner further submits that it was first default on the part of the petitioner. The counsel further submits that petitioner is ready to join proceedings before the trial Court.

Notice of motion.

On the asking of the Court, Ms. Samina Dhir, DAG accepts notice on behalf of State of Punjab and on instructions from ASI Lakhbir Singh has not refuted the fact that the petitioner jumped bail on 22.3.2022 and resultantly the trial Court passed the impugned order. Now be listed on 18.1.2023.

In the meanwhile, the petitioner to appear before the trial Court on or before the next date of hearing fixed there and on his appearance, he is directed to be released on bail by the Court concerned VANDANA 2023.08.10 10:21 I attest to the accuracy and integrity of this order/judgment

CRM-M-29608-2022 (O&M) 2023:PHHC:102911 till the next date of hearing fixed in the present petition on his furnishing requisite bond to the satisfaction of the said Court subject to cost of Rs.5000/- to be deposited by the petitioner with District Legal Services Authority, Tarn Taran. However, the trial Court is at liberty to proceed against the petitioner under Section 446 Cr.P.C." 3.

Apropos, learned counsel for the petitioner submits that petitioner had appeared on the relevant date, was released on bail and has been appearing before the learned trial Court in compliance of the above said order. 4.

Learned State counsel also does not controvert the aforesaid submissions. 5.

In view of the above, nothing survives for adjudication. Instant petition is disposed of accordingly. However, it is made clear that the petitioner shall continue to appear before the learned Trial Court without default. 6.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 26.07.2023 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2023.08.10 10:21 I attest to the accuracy and integrity of this order/judgment