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High Court of Punjab and HaryanaCRM-M/34159/2025dismissed

Lalla Alias Sukhchain Masih v. State Of Punjab

2025-07-07Mr. Justice H.S. Grewal2 pages

CRM-M-34159-2025 -1143 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34159-2025 Date of decision: 07.07.2025 LALLA @ SUKHCHAIN MASIH .....Petitioner

Versus

STATE OF PUNJAB .....Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Amarjeet Singh Prajapati, Advocate for the petitioner.

***   

 1.

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 20023 seeking quashing of impugned order dated 02.06.2025 (Annexure P-4) passed by learned Judge Special Court, Gurdaspur arising out of FIR No.49 dated 18.07.2024 under Sections 21, 29 of NDPS Act, 1985 registered at Police Station Kotli Surat Mallian, Police District Batala, District Gurdaspur whereby the bail order of the petitioner was cancelled and his bail bonds and surety bonds were forefeited to the State and further non bailable warrants were issued against him. 2.

Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail as he was named by the co-accused from whom 12 gm and 50 mg heroin was recovered. He further submits that during trial, the petitioner could not appear before the learned the trial Court on 02.06.2025 as he was unaware of the date fixed. As such the learned trial Court cancelled the bail orders of the petitioner and his bail bonds and surety bonds were ordered to be forfeited. Non-bailable warrants of arrest against the petitioner have been issued for 02.08.2025. He further contends that the petitioner may be permitted Sonia Puri 2025.07.09 14:32 I attest to the accuracy and integrity of this document

CRM-M-34159-2025 -2to surrender before the learned trial Court to attend the trial proceedings regularly and, therefore, requests that the impugned order may be set aside. 3.

Notice of motion.

4.

Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of the respondent-State.  5.

I have heard learned counsel for the parties and perused the material placed on record.

6.

No ground to interfere in the impugned order dated 02.06.2025 (Annexure P-4) is made out and the present petition is hereby, dismissed.  7.

However, in case the petitioner surrenders before the trial Court within 10 days from today at 10:00 A.M and move an application for grant of regular bail, on his doing so, the trial Court shall consider and decide the same on the same day.  07th July, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/ reasoned :

Yes / No Whether reportable :

Yes / No Sonia Puri 2025.07.09 14:32 I attest to the accuracy and integrity of this document