Parwinder Singh Alias Pappa v. State Of Punjab
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision: 20.05.2025 Parwinder Singh @ Pappa .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***** Present :- Mr. Savreet Singh Brar, Advocate for the petitioner.
**** RAJESH BHARDWAJ , J. (Oral) 1.
Present petition has been filed praying for quashing of order dated 15.04.2024 passed by the learned Additional Sessions Judge, Faridkot in case bearing NDPS/48/2021 (Annexure P-4) arising out of FIR No.129, dated 17.08.2019, under Section 21 of NDPS Act (Sections 420, 465, 471, 120-B, 482 of IPC added later on), registered at Police Station Sadar Faridkot, District Faridkot (Annexure P-1) whereby bail order of the petitioner was cancelled and he bail bonds and surety bonds were forfeited. Further prayer has been made for staying the operation of impugned order (Annexure P-4) during the pendency of the present petition.
2.
Precise submission made by learned counsel for the petitioner is that the petitioner was prosecuted in the case bearing FIR No.129, dated
-217.08.2019, under Section 21 of NDPS Act. He has submitted that the petitioner has been falsely implicated in the present FIR. After registration of the FIR, the petitioner was granted the concession of regular bail by the learned Additional Sessions Judge, Faridkot vide order dated 25.09.2019. During investigation, offence under sections 420, 465, 471, 120-B, 482 of IPC were added vide DDR No.27, dated 07.08.2020. He has submitted that after the addition of offences, the petitioner was granted anticipatory bail by this Court vide order dated 26.03.2021 passed in CRM-M-78842021. He has submitted that the petitioner was regularly appearing before the learned trial Court.
However in August 2022, the petitioner left his home along with his family and went to Rajasthan in search of labour work and thus, he remained absent from trial Court since 09.08.2022. He has submitted that due to repeated absence of the petitioner, the learned trial Court cancelled the bail order of the petitioner and bail bonds & surety bonds were forfeited to the State vide order dated 15.04.2024 and the case is now fixed for 26.05.2025 for prosecution evidence and proclamation proceedings have also been initiated against the petitioner. He has submitted that the petitioner has returned from Rajasthan and filed fresh anticipatory bail before the learned Additional Sessions Judge, Faridkot, which was dismissed vide order dated 06.05.2025.
He has submitted that absence of the petitioner was bona fide and not intentional and he never misused the concession of bail granted to him. He has further submitted that the petitioner is ready to appear before the learned trial Court and abide by the terms and conditions imposed upon him. 3.
Notice of motion.
-34.
On the asking of the Court, Mr. Tarun Aggarwal, Addl. A.G., Punjab appears and accepts notice on behalf of the respondent-State. He on the other hand has contended that the non bailable warrants were rightly issued against the petitioner and he was liable to be prosecuted in the said case, as he failed to appear in the Court despite orders. 5.
I have heard counsel for the parties and perused the record. 6.
It is apparent that the petitioner was prosecuted in case FIR No.129, dated 17.08.2019, under Section 21 of NDPS Act in which offences under Sections 420, 465, 471, 120-B, 482 of IPC were added vide DDR No.27, dated 07.08.2020. Bail of the petitioner was cancelled and bail bonds & surety bonds were forfeited to the State due to the absence of the petitioner. Non bailable warrants were also issued against the petitioner vide order dated 15.04.2024. As the petitioner is keen to join the proceedings, so keeping in view the abovesaid facts, the present petition is disposed of and the impugned order dated 15.04.2024 (Annexure P-4) is hereby set aside subject to payment of costs of Rs.10,000/- to be deposited with the Spinal Rehab Centre, Sector 28-A, Madhya Marg, Chandigarh by the petitioner within one week from today.
In case, the petitioner appears and surrenders before the Court concerned within a period of 10 days from today and files an application for bail alongwith receipt of abovesaid costs, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. The petitioner will have protection from arrest for a period of 10 days from today.
7.
Needless to say that in case the petitioner fails to comply
-4with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 15.04.2024 would come in force and the present petition would be deemed to have been dismissed.
(RAJESH BHARDWAJ) 20.05.2025 JUDGE rittu Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No