Mohit Choudhary v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : September 19, 2024 Mohit Choudhary ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Neeraj Yadav, Advocate, for the petitioner Mr. Pardeep Bajaj, DAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

The present petition has been filed seeking quashing of impugned order dated 30.7.2024 (Annexure P-3) passed by the learned trial court concerned, whereby, the bail and surety bonds of the petitioner has been cancelled and non-bailable warrants has been issued in case FIR No. 0060, dated 20.03.2018, registered under Sections 307, 452, 427, 148, 149 IPC, and under Sections 25, 27 of the Arms Act, at Police Station Sadar Amritsar, District Amritsar.

2.

In asking for the relief (supra), learned counsel for the petitioner submits that the petitioner was earlier released on regular bail, and since then the petitioner was regularly appearing before the learned trial Court concerned, whereas, owing to non-appearance on dated

30.7.2024, the learned trial Court concerned, proceeded to cancel his bail bonds, and non-bailable warrants were issued against the present petitioner to secure his presence. Thereafter, due to non-execution of non-bailable warrants, proclaimation proceedings were initiated against the petitioner on dated 30.7.2024 (Annexure P-3).

3.

He further submits that petitioner has no intentions to challenge the legality of the order (supra), passed by that Court, however, the petitioner is ready and willing to face the trial, and is ready to surrender before the learned trial Court concerned, in case an adequate protection is granted to him.

4.

Per contra, learned State counsel opposes the grant of relief (supra), to the present petitioner.

5.

This Court has heard the learned counsel for both the parties concerned, and has gone through the entire case file. 6.

Since an innocuous and a bona fide prayer has been made by learned counsel for the petitioner, without going into the legality of the impugned order, this Court directs the petitioner to surrender before the learned trial Court concerned within 10 days from today. 7.

In case the petitioner surrenders before the learned trial Court concerned, within a stipulated time and furnishes fresh bail and surety bonds, the same shall be accepted by the learned trial Court concerned, however, subject to its satisfaction, and the petitioner shall be released on regular bail.

8.

In the meanwhile, the arrest of the petitioner shall remain stayed.

9.

However, in case, the petitioner fails to appear before the learned trial Court concerned within 10 days from today and furnish bail and surety bonds, the protection granted hereinabove, qua his arrest shall ipso facto vacated, without any further reference to this Court. 10.

Disposed of accordingly.

( KULDEEP TIWARI ) September 19, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No