Gurpreet Singh v. State Of Punjab And Another
CRM-M-27638-2025
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-27638-2025 Date of decision: 23.05.2025 Gurpreet Singh
...Petitioner
Versus
State of Punjab and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE
Present :
Mr. A. S. Sidhu, Advocate, for the petitioner. Mr. M. S. Toor, AAG, Punjab.
****
, J. (Oral) 1.
The petitioner is seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a complaint case registered vide COMA/1469/2021 dated 30.06.2020 under Section 138 of the Negotiable Instruments Act pending in the Court of learned JMIC, Patiala. 2.
Learned counsel for the petitioner submits that the petitioner is in custody for the last 1 month and 20 days as on today. Even since the petitioner was declared as proclaimed person during the pendency of complaint, he had not appeared in the proceedings and non-bailable warrant was issued against him. Thereafter, he was arrested on 02.04.2025. Learned counsel for the petitioner submits that the petitioner undertakes that he shall be present on every date of proceedings and in case he does not appear before the Court below on any date or delay the trial in any manner, the Court shall be free to cancel his bail.
3.
Notice of motion.
4.
Mr. M. S. Toor, AAG, Punjab, appears and accepts notice on behalf of respondent-State.
ANIL KUMAR 2025.05.27 15:56 I attest to the accuracy and integrity of this document
CRM-M-27638-2025 5.
Learned State counsel vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the custody certificate in Court which is taken on record. As per the custody certificate, the petitioner is in custody for the last 1 month and 20 days.
6.
I have heard the learned counsel for the parties and perused the record.
7.
In view of the above submission of learned counsel(s), and the fact that petitioner has undertaken that he is ready to be present before the trial Court on every date of proceedings and in case he does not appear before the Court on any date or delay the trial in any manner, the Court shall be free to cancel his bail. Keeping in view the facts and circumstances of the present case, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial.
8.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
9.
However, it is made clear that in case the petitioner misuses the concession of bail and does not abide by the terms mentioned hereinabove, the State would be at liberty to seek cancellation of his bail. ( )
23.05.2025 anil Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No ANIL KUMAR 2025.05.27 15:56 I attest to the accuracy and integrity of this document