Anshul v. State Of Haryana
CRM-M-31461-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-31461-2024 Decided on : 05.07.2024 Anshul ...... Petitioner
Versus
State of Haryana ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Munish Kamboj, 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 15.02.2024 (Annexure P-1) passed by learned Chief Judicial Magistrate, Jind in case CHI-430-2024 vide which the bail of the petitioner has been cancelled and his bail bonds and surety bonds were forfeited due to non-appearance. 2.
Learned counsel for the petitioner submits that the petitioner was not aware about the filing of challan and hence, he could not appear before the trial Court; as a result thereof, learned trial Court on 15.02.2024 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.
3.
Notice of motion.
SONIA BURA 2024.07.08 10:18 I attest to the accuracy and integrity of this document
CRM-M-31461-2024 -24.
On the asking of Court, Mr. Rahul Mohan, Sr. DAG, Haryana 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. 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 Jind, 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.
In case, the petitioner moves an application for bail, the trial Court 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.
05.07.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:
Yes/No Whether reportable :
Yes/No SONIA BURA 2024.07.08 10:18 I attest to the accuracy and integrity of this document