High Court of Punjab and HaryanaCRM-M/52173/2022allowed

Vivek Kumar v. State Of Punjab

2022-11-14Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-52173-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52173-2022 (O&M) Date of decision: 14.11.2022 Vivek Kumar ... Petitioner Vs.

State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Sandeep Singh, Advocate for the petitioner.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for setting aside the order dated 28.09.2021 passed by the trial Court, vide which bail granted to the petitioner was cancelled, bail/surety bonds were forfeited and non-bailable warrants were issued against the petitioner in FIR No.71 dated 26.06.2018 under Section 22 of NDPS Act, registered at Police Station Sherpur, District Sangrur. Learned counsel for the petitioner submits that the petitioner was granted bail by the Court of Sessions vide order dated 30.07.2018 and thereafter, he was regularly appearing before the trial Court, however, on 28.09.2021, due to ill-health, he could not appear and his bail/surety bonds were forfeited and non-bailable warrants were issued. It is further submitted VISHNU 2022.11.14 13:55 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-52173-2022 -2that the petitioner is ready to surrender before the trial Court and apply for fresh bail.

Notice of motion.

On asking of the Court, Mr. Navneet Singh, DAG, Punjab accepts notice on behalf of the respondent-State and has not disputed the factual position.

After hearing learned counsel for the parties and considering the aforesaid factual position, this petition is allowed and the petitioner is directed to appear before the trial Court within a period of 15 days from today and he will be released on bail subject to his furnishing fresh bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned. This will, however, be subject to the condition that the petitioner will deposit the costs of Rs.3,000/- with the District Legal Services Authority, concerned.

[ ARVIND SINGH SANGWAN ] 14.11.2022 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2022.11.14 13:55 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh