Sukhwinder Singh Alias Babbi v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-51231-2024 Date of decision: 16.10.2024 SUKHWINDER SINGH ALIAS BABBI ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Harpreet Kaur, Advocate, for the petitioner. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking quashing of order dated 13.09.2024 (Annexure P-2) passed by learned ASJ/JSC, Bathinda whereby bail granted to him has been cancelled and his bail bonds/surety bonds have been forfeited in case FIR No.46 dated 27.05.2021 under Sections 323, 324, 427, 149, 148, 302, 326, 325 of the IPC and Sections 25 and 27 of the Arms Act and he has been summoned through non-bailable warrants. 2.

Learned counsel contends that the petitioner was caught unaware about the order dated 13.09.2024 (Annexure P-2) summoning him through non-bailable warrants. Learned counsel, however, submits that the petitioner is still 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.

3.

Notice of motion.

POONAM RATHORE 2024.10.16 17:20 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-51231-2024 -24.

At the asking of the Court, Mr. Navdeep Singh, DAG, Punjab has accepted 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 shall be taken against the petitioner. This is contingent upon the petitioner paying a cost of Rs.10,000/- 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, Bathinda, with the specific area to be identified by the DLSA concerned". 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 October 16, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.10.16 17:20 I attest to the accuracy and authenticity of this document High Court Chandigarh