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High Court of Punjab and HaryanaCRM-M/28819/2024disposed of

Amandeep Alias Aman v. State Of Punjab

2024-08-07Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-28819-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28819-2024 Decided on : 07.08.2024 Amandeep @ Aman ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Ashish Nagar, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of the order dated 07.03.2024 (Annexure P-2) passed by learned trial Court vide which the bail of the petitioner has been cancelled and his bail bonds and surety bonds were forfeited due to nonappearance besides issuing non-bailable warrants against him in case FIR No.140 dated 30.08.2022 registered under Section 379-B IPC at Police Station City Nawanshahr, District SBS Nagar. 2.

Learned counsel for the petitioner submits that the petitioner was regularly defending his case before the trial Court. However, he could not appear before the trial Court on 07.03.2024 as inadvertently, he had noted the wrong date, as a result thereof, learned trial Court on 07.03.2024 cancelled his bail bonds and issued non-bailable warrants to secure his presence. Learned counsel still further submits that the petitioner is ready to appear and surrender and thereafter join proceedings before the trial Court.

SONIA BURA 2024.08.08 15:18 I attest to the accuracy and integrity of this document

CRM-M-28819-2024 -23.

Notice of motion.

4.

On the asking of Court, Mr. Shiva Khurmi, AAG, Punjab accepts notice on behalf of the respondent-State. 5.

In view of the submissions made above, the petition is disposed of with directions to the petitioner to appear and surrender before the trial Court within a period of seven days and move appropriate application for grant of bail. Till then, no coercive steps be taken against the petitioner. However, this shall be subject to payment of Rs.5,000/- as costs to be deposited before the District Legal Services Authority concerned; the petitioner is also directed to plant 04 shady trees within the judicial complex in SBS Nagar, with the specific area to be identified by the District Legal Services Authority concerned within 07 days from today, which shall be a condition precedent prior to the surrender before the Trial Court; the DLSA would also ensure the proper maintenance and upkeep of the trees so planted.

The trial Court on such application being moved shall decide it expeditiously in accordance with law. It is, however, made clear that in case the petitioner fail to appear and surrender before the Court below within the above stipulated time period to deposit the amount and to plant the trees as directed above, then this order shall be of no avail to him.

07.08.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.08.08 15:18 I attest to the accuracy and integrity of this document