Mandeep Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44440-2024 Date of decision: 09.09.2024 MANDEEP SINGH ....Petitioner V/s STATE OF PUNJAB AND ANR.

....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr.J.S. Sekhon, Advocate, for the petitioner. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking setting aside of order dated 16.05.2024 (Annexure P-5) passed by learned Trial Court in case Crl. Appeal No.76 of 2024 arising out of Criminal Complaint case i.e. NACT588 of 2019 vide which bail bonds and surety bonds of the petitioner were cancelled and non-bailable warrants were issued and order dated 06.08.2024 whereby he was declared a proclaimed person in a case under Section 138 of Negotiable Instruments Act, 1881 (for short, 'the NI Act') (Annexure P-6).

2.

Learned counsel for the petitioner at the outset submits that the petitioner is willing and ready to appear, and surrender before the Trial Court. Hence, in the aforementioned facts and circumstances, the petitioner be protected till his appearance before the Trial Court, and directions be given to the Trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously.

POONAM RATHORE 2024.09.10 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-44440-2024 -23.

Notice of motion.

4.

On asking of the Court, Mr. Navdeep Singh, DAG, Punjab, accepts notice on behalf of respondent-State. 5.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with the following directions:

"The petitioner is to appear and surrender before the trial Court within 07 days from today. Till then, no coercive steps be taken against the petitioner. This is contingent upon the petitioner paying a cost of Rs.5,000/- to be deposited with the District Legal Services Authority concerned. Furthermore, the petitioner is required to plant two fruit bearing and two shady trees within the judicial complex, Hoshiarpur, with the specific area to be identified by the DLSA concerne; the DLSA would also ensure the proper maintenance and upkeep of the trees so planted."

6.

It is made clear that in case, the petitioner fails to surrender before the Trial Court within 07 days from today, this order shall be of no avail to him, thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the Trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. (MANJARI NEHRU KAUL) JUDGE September 09, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.09.10 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh