Neeraj Chopra v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.52441 of 2024 Date of decision : 22.10.2024 Neeraj Chopra .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Rajeev Sharma, Advocate for the petitioner.

**** RAJESH BHARDWAJ , J. (Oral) 1.

Present petition has been filed praying for cancellation of the order dated 28.03.2024 (Annexure P-3) whereby the learned Judge, Special Court has cancelled the bail orders of the petitioner dated 22.07.2022 (Annexure P-2), forfeited his bail bonds, issued non-bailable warrants also started further proceedings in FIR No.187, dated 13.07.2022, under Sections 21B/61/85 of NDPS Act, registered at Police Station Division No.7, Ludhiana.

2.

It has been submitted by learned counsel for the petitioner that the petitioner was granted the concession of regular bail in FIR No.187, dated 13.07.2022 by the learned trial Court vide order dated 22.07.2022. He has submitted that thereafter the petitioner was duly appearing before the trial Court. He has submitted that as the wrong date was noted by the petitioner i.e. 28.08.2024 instead of 28.03.2024, he could not appear only on one date i.e. 28.03.2024 and hence, his bail was

-2cancelled and bail bonds/surety bonds were cancelled and forfeited to the State. He has submitted that non bailable warrants were issued against the petitioner for 07.12.2024. He has further submitted that absence of the petitioner was totally unintentional and the petitioner is ready and willing to appear before the trial Court.

3.

Notice of motion.

4.

On asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of the respondent-State. 5.

Learned State counsel has opposed the submissions made by learned counsel for the petitioner and has stated that the trial Court has rightly cancelled the bail granted of the petitioner, who remained absent on 28.03.2024 without any valid reason.

6.

After hearing counsel for the parties and perusing the record, it is apparent that the petitioner remained absent on one day i.e. on 28.03.2024 and his bail was cancelled and bail/surety bonds were forfeited to the State and non-bailable warrants of arrest were issued for 07.12.2024. The reason for his absence has been given that he got noted a wrong date. The petitioner is keen to join the proceedings. So keeping in view the abovesaid facts, the present petition is disposed of and the impugned order dated 28.03.2024 is set aside. In case, the petitioner appears and surrenders before the Court concerned within a period of 10 days from today and files an application for bail, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. He will have protection from arrest for a period of 10 days from today.

7.

Needless to say that in case the petitioner fails to comply with

-3the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 28.03.2024 would come in force and the present petition would be deemed to have been dismissed.

(RAJESH BHARDWAJ) 22.10.2024 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No