Ajay Kumar@Minta v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: August 02, 2024 AJAY KUMAR@MINTA ....Petitioner(s)

VERSUS

STATE OF PUNJAB ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Ashok Giri, Advocate for the petitioner.

Mr. Rajiv Verma, DAG, Punjab.

**** SANDEEP MOUDGIL , J.(ORAL) The jurisdiction of this Court has been invoked under Section 482 Cr.P.C., for seeking quashing/setting aside of the order dated 20.11.2023 vide which the non-bailable warrants has been issued against the petitioner for 18.05.2024.

Learned counsel for the petitioner submits the petitioner could not appear in Court on one date i.e. 20.11.2023 as he had to attend another Court proceedings before trial Court, Dera Bassi, District SAS Nagar, Mohali, in connection with case FIR No.212/2013 lodged at PS Zirakpur, District SAS Nagar Mohali. He did not had any intention to avoid attendance in the Court proceedings otherwise he was appearing regularly on each and every date before the Court. He undertakes that the petitioner will

surrender before the trial Court and shall join the trial proceedings without any delay or default in future.

Notice of motion. On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that he will surrender before the trial Court.

Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, the petitioner is directed to surrender before the trial Court within a period of one week week from today and apply for regular bail.

In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law.

However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition. The aforesaid order/concession to the petitioner shall be subject to payment of costs of Rs.20,000/- to be deposited with the Punjab and Haryana High Court Bar Association, Chandigarh (Account No.65035682434, IFSC Code: SBIN0050306) and a receipt of the same be produced before the Trial Court and only in that eventuality, application of

the petitioner for seeking bail be considered and decided on the same day in accordance with law.

The instant petition is disposed of in the aforesaid terms. (SANDEEP MOUDGIL) JUDGE 02.08.2024 Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No