← Library
High Court of Punjab and HaryanaCRM-M/42898/2022allowed

Neeraj Kumar v. State Of Punjab

2022-09-21Mr. Justice Aman Chaudhary4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr.No.122 Date of Decision: 21.9.2022 Neeraj Kumar Petitioner

Versus

State of Punjab Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present:- Mr. Ritesh Pandey, Advocate for the petitioner. AMAN CHAUDHARY , J.

Present petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 20.7.2022, Annexure P-2, passed by learned JSC, Gurdaspur whereby his bail bonds and surety bonds were cancelled and he has been summoned through non-bailable warrants.

Learned counsel for petitioner contends that in the FIR registered against him, the petitioner had sought and was granted anticipatory bail by this Court vide order dated 15.10.2021, Annexure P-2, thereafter, the challan was submitted in the back of the petitioner and he being the resident of District Amritsar, from his birth his driving licence also being of the said District as is evident from the affidavit, Annexure P4, it is the case that no summon whatsoever was served upon him, which is pending at Gurdaspur. He further submits that the petitioner came to know

of the order dated 20.7.2022 passed by the trial Court only when the police was raiding his house. Vide the said order, the bail bonds and surety bonds of the petitioner were cancelled and forfeited to the State and he was summoned through non-bailable warrants.

It is the the contention of the learned counsel that he had not submitted his bail bonds before the trial Court, as such, the said order is illegal. He further submits that his non-appearance before the trial Court is neither wilful nor deliberate and the same is only on account of the fact that he had not received the summon, issued by the trial Court.   

       

   

             



  !"#$$ #%## #&%"#%## '

(

 !)%%% #%##      *   

          ))#%## + ,     -     

  .  ,  /,0  1   

     



 



    

                 

 

                           2  

 

  

  



 

    



 

3  

                         

    4   

  -  

 

  

               24            



  

   

    

 2

  



!&5) #%##      67)#%##                



2

             4   

 

9 

   

     94         9    

9  

                                          

   

  

            

 :

   ;

 < 

  ;

 <  

  6)$#%##,4

17

   (

        

  

                 #%$#%## ,4

1 !  

 

6%%%%= 1   

: ,

,  *> ?

 2        

        

      #$)#%##4  



    =

  @ 

         

     

 

 -          

 

4 

 Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court. 21.9.2022 (AMAN CHAUDHARY) gsv JUDGE Whether reasoned/speaking:

Yes /No Whether reportable:

Yes /No