Jagdip Singh @ Jagga And ANR. v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: 02.08.2022

Pronounced on: 08.08.2022 Jagdip Singh @ Jagga and another

...Petitioners

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Ravinder Kumar Manaise, Advocate for the petitioners. Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

Mr. Amandeep Singh, Advocate for the complainant. **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 21, 22, 25, 27-A, 29 of NDPS Act and Sections 25 & 27 of Arms Act 1.

Challenging the order of cancellation of bail and issuance of non-bailable 26.07.2020 State Special Operation Cell, District Amritsar warrants, vide order dated 08-04-2022, passed by Ld. Special Judge, Gurdaspur, due to the default in an appearance before the trial court, the petitioners have come up before this court.

2.

Ld. Counsel for the petitioners contends that the non-appearance was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioners' control.

3.

Without adjudicating the maintainability of this petition under section 482 Cr.P.C., and leaving that question open; given the explanation offered by the accused coupled with the facts and circumstances peculiar to this case, a balanced approach would work as an incentive, a catalyst, speeding up the process, and bringing the guilty to Justice and Justice to the guilty. The petition is allowed to the extent mentioned in this order

and with the following conditions.

4.

There shall be a stay of the petitioners' arrest in the case mentioned for ten days; however, if the petitioners fail to appear within this time, then stay on arrest shall stand vacated without any further reference to this court. It is clarified that if the petitioners appear before the concerned court, then the impugned order dated 08-04-2022, passed by the concerned court, against the petitioners in the matter mentioned above shall stand quashed qua the petitioners, warrants canceled, and bonds restored. However, in case the ld. trial court so desires, it may ask the petitioners to furnish fresh bail bonds, and in such an eventuality, the petitioners shall execute a bond for attendance in the concerned court to its satisfaction. The bail bonds shall remain in force throughout the trial and after that in Section 437-A of the Cr.P.C., if not cancelled due to nonappearance or breach of conditions. 5.

Within ten days from today, the petitioners shall procure a smart phone and inform its IMEI number and other details to the SHO/I.O. of the concerned Police station. The petitioners shall always keep the phone location/GPS on the "ON" mode. Whenever the Investigating officer asks to share the location, the petitioners shall immediately do so. The petitioners shall neither clear the location history, WhatsApp chats, calls nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till the completion of the trial or closure of case, whatever is earlier.

6.

Within ten days from today, the petitioners shall deposit a sum of rupees ten thousand in 'High Court Lawyers Welfare Fund,' Account number 65018692589, IFSC SBIN0050306, Branch Code 50306, Brach Address State Bank of India, High Court Branch, Sector 1, Chandigarh. After depositing, the petitioners shall file the proof of deposit, before the concerned court and send its copy alongwith a copy of this order to the Secretary, Punjab & Haryana High Court Bar Association, either in physical or electronic mode.

7.

This order is subject to the petitioners appearing before the concerned court wwithin ten days from today, and complying with the above-mentioned conditions, failing which it shall stand recalled under section 362 read with 482 Cr.P.C., without any further reference to this court.

8. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 9.

There would be no need for a certified copy of this order, and any Advocate for the Petitioners can download this order along with case status from the official web page of

this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition allowed to the extent and subject to the conditions mentioned above. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 08.08.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.