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High Court of Punjab and HaryanaCRM-M/37937/2025dismissed

Amit Kumar Alias Rohit v. State Of Punjab

2025-07-18Mr. Justice H.S. Grewal2 pages

CRM-M No.37937 of 2025 -1-    126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.37937 of 2025 Date of decision: 18.07.2025 Amit Kumar @ Rohit .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Neeraj Jain, Advocate for the petitioner.

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 1.

The present petition has been filed under Section 482 of Cr.P.C./ 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking quashing of order dated 30.10.2023 (Annexure P-2) passed by learned Special Court, Bathinda in NDPS case no.251/2023, in FIR No.197 dated 14.08.2022 under Sections 21(b) (Sections 27, 61, 85 added later on) of NDPS Act, 1985 registered at Police Station Canal Colony, District Bathinda (Annexure P-1), whereby bail bond and surety bonds of the petitioner were cancelled and non bailable warrant has been issued against the petitioner. 2.

Learned counsel for the petitioner contends that due to miscommunication, the petitioner did not appear regularly before the trial Court. However, he came to know about the impugned order dated 30.10.2023 passed by the trial Court vide which his bail bonds were cancelled and were ordered to be forfeited to the State and non bailable warrants were issued against him. He further Sonia Puri 2025.07.23 17:34 I attest to the accuracy and integrity of this document

CRM-M No.37937 of 2025 -2-   states that on 28.06.2023, the challan was presented before the trial Court but due to his medical condition as he was taking medical treatment for TB, he did not appear before the trial Court regularly. Learned counsel for the petitioner, on instructions further submits that the petitioner undertakes to appear before the trial Court on each and every date and shall not seek any exemption for his personal appearance on any date of hearing before the trial Court. Hence, in the aforementioned facts and circumstances, the petitioner prays that directions be issued to the Trial Court that his bail application, which he would be filing on his surrender, be decided.  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 petitioner and perused the material placed on record.

6.

No legitimate ground to interfere in the impugned order dated 30.10.2023 is made out and the present petition is hereby, dismissed.  7.

However, in case the petitioner surrenders before the trial Court within 07 days from today and moves an application for grant of regular bail, on his doing so, the trial Court shall consider and decide the same as expeditiously as possible.

18th July, 2025 (H.S. GREWAL) Sonia Puri JUDGE  Whether speaking/ reasoned : Yes / No Whether reportable : Yes / No  Sonia Puri 2025.07.23 17:34 I attest to the accuracy and integrity of this document