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High Court of Punjab and HaryanaCRM-M/43230/2022disposed of

Harwinder Kaur Minty v. State Of Punjab And Another

2022-09-19Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-43230-2022 (O&M) Date of Decision:-19.9.2022 Harwinder Kaur Minty ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. manit Malhotra, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking cancellation of regular bail granted to respondent No.2 in respect of a case registered vide FIR No.121, dated 24.5.2017, Police Station Sadar, Jalandhar, under Sections 323, 341, 201, 379-B of Indian Penal Code and Sections 66 of I.T. Act, 2000. 2.

Learned counsel for the petitioner submits that respondent No.2 despite having been granted bail and having furnished bail bonds/surety bonds before the Trial Court, is not abiding by the conditions of the bail bonds/surety bonds and has been absenting before the Trial Court. Learned counsel, in this regard, has drawn the attention of this Court to order dated 1.9.2022 (Annexure P-5) passed by learned Judicial Magistrate 1st Class, which shows that respondent No.2-Sukhwinder Kumar @ Sheru is recorded PANKAJ KAKKAR 2022.09.19 18:34 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-43230-2022 (O&M) to be 'absent' and consequently the Trial Court has issued bailable warrants for securing presence of respondent No.2-Sukhwinder Kumar @ Sheru. 3.

Having heard the learned counsel for the petitioner, this Court need not emphasise that it is within the discretion of the Court to issue summons, bailable warrants or non-bailable warrants upon finding that any accused is absent. It is, however, clarified that the mere fact that respondent No.2Sukhwinder Kumar @ Sheru had been granted bail by this Court, will not operate as any kind of bar in case the Trial Court is of the opinion that the bail is required to be cancelled.

4.

The instant petition stands disposed off accordingly. 19.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.09.19 18:34 I attest to the accuracy and authenticity of this document