Sukhwinder Singh @ Sukhi v. State Of Punjab
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 22.12.2022
....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. C.S. Rana, Advocate for the petitioner.
" HARSH BUNGER, J. (Oral) Prayer in the present petition, filed under Section 482 of the Code of Criminal Procedure, is for quashing of impugned order dated 07.12.2022 (Annexure P-5) passed by the learned Judge, Special Court, Ludhiana, whereby, the bail order as well as the bail bonds/surety bonds of the petitioner were cancelled and forfeited to State and he was ordered to be summoned through non-bailable warrants of arrest in case FIR No.46 dated 07.04.2017 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sidhwan Bet, District Ludhiana.
Learned counsel for the petitioner submits that earlier the petitioner was declared proclaimed offender and thereafter, he was arrested in the present case. Subsequently, he was granted bail by this Court on 24.05.2022 (Annexure P-3) and thereafter, he was regularly appearing on various dates before the trial Court, however on 07.12.2022, he could not
-#- appear before the Court as he had noted the next date as 09.12.2022 instead of 07.12.2022 and consequently, bail of the petitioner was cancelled, his bail bonds/surety bonds were forfeited to the State and non-bailable warrants were issued against him by the trial Court on 07.12.2022 (Annexure P-5). $
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he could not appear before the Court as he had noted the next date as 09.12.2022 instead of 07.12.2022!
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/' In view of the above, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court on or before 13.01.2023 by furnishing an undertaking before the trial Court that he will attend the Court proceedings regularly and will not leave the country without prior permission of the Court and abide by all terms and conditions to be imposed by the trial Court. In case, the petitioner surrenders before the trial Court on or before 13.01.2023, then he be released by the trial Court upon his furnishing adequate surety/bail bonds to its satisfaction subject to payment of cost of Rs. 10,000/- to be deposited with the concerned District Bar Association Fund.
In case, the petitioner does not appear before the trial Court on or before the date fixed i.e. 13.01.2023, then the instant petition shall be deemed to have been dismissed.
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22.12.2022 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No