High Court of Punjab and HaryanaCRM-M/39911/2019disposed of

Gurbhinder Singh v. State Of Punjab And Another

2019-09-18Mr. Justice Dr. Shekher Dhawan2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-39911 of 2019 Date of Decision: 18.09.2019 Gurbhinder Singh ... Petitioner(s)

Versus

State of Punjab and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Amritpal Singh Gill, Advocate for the petitioner(s).

Shekher Dhawan, J.

Present petition under Section 438 Cr.P.C. for quashing of order dated 28.08.2019 (Annexure P3), passed by the learned Sessions Judge, Sri Muktsar Sahib in criminal appeal bearing No. CRA/77/2019, whereby bail granted to the petitioner, who is an appellant in the said criminal appeal, was cancelled on account of non-appearance before the learned lower Appellate Court.

Learned counsel for the petitioner contended that petitioner had no reason not to appear before the learned lower Appellate Court, but only because of the fact that petitioner had wrongly noted down the next date of his appearance in the appeal.

Notice of motion.

On asking of the Court, Ms. Monika Jalota, Deputy Advocate General, Punjab accepts notice on behalf of respondent No.1. A complete copy of paper-book be provided to her during the course of the day. DEEPAK KUMAR BHARDWAJ 2019.09.18 15:29 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-39911 of 2019 Having considered the submissions made by learned counsel for the petitioner and perused the case file, present petition stands disposed of with the directions that in case petitioner surrenders before the learned lower Appellate Court within a period of one week and moves an application for granting bail, the learned Sessions Judge shall admit him to bail on his furnishing fresh bail bonds and surety bonds. However, the learned Sessions Judge shall be at liberty to complete the proceedings against the petitioner under Section 446 Cr.P.C.

(Shekher Dhawan) Judge September 18, 2019 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2019.09.18 15:29 I attest to the accuracy and integrity of this document