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High Court of Punjab and HaryanaCRM-M/52717/2024disposed of

Dhanraj Bansal v. State Of Punjab

2024-10-23Ms. Justice Harpreet Kaur Jeewan2 pages

CRM-M-52717-2024 (O&M)  Sr. No.103

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-52717-2024 (O&M) Date of decision: 23nd October 2024 DHANRAJ BANSAL ........Petitioner versus STATE OF PUNJAB .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Ranjit S. Bajaj, Advocate and Ms. Navneet Kaur, Advocate for the petitioner.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in case FIR No.80 dated 18.07.2023, under Section 498-A IPC, 1860, registered at Police Station Women Cell, District Jalandhar (Annexure P-1). 2.

Learned counsel for the petitioner inter alia contends that after the registration of the FIR, the petitioner was granted the concession of anticipatory bail vide order dated 27.07.2023, passed by the learned Additional Sessions Judge, Jalandhar (Annexure P-2). It is further contended that the petitioner has fully cooperated during the investigation. However, challan was presented in his absence on 16.10.2023. One of the notice issued by the trial Court after the presentation of the challan was received by the old-aged mother of the petitioner but she forgot to inform about the same to the petitioner.

2.1 It is further contended that after the issuance of non-bailable warrants by the trial Court, the petitioner made an inquiry and he came to know that challan SIMRANDEEP KAUR 2024.10.28 10:38 I attest to the accuracy and integrity of this order/judgment.

CRM-M-52717-2024 (O&M)  has been presented against him in his absence. It is further contended that the petitioner is ready to appear before the trial Court and face the trial. 3.

Notice of motion.

4.

Ms. Himani Arora, AAG, Punjab, accepts notice on behalf of respondent-State of Punjab and upon instructions from ASI Rajesh Kumar, she has confirmed that the petitioner has cooperated during the investigation before the order dated 27.07.2023 (Annexure P-2) was passed by the Additional Sessions Judge, Jalandhar. However, he did not put in appearance after the challan was presented. This fact has also been confirmed that the challan was presented in the absence of the petitioner.

5.

Keeping in view the aforesaid facts and circumstances and without commenting upon the merits of the case and the question of maintainability of the second petition filed under Section 482 BNSS for grant of anticipatory bail to the petitioner, the present petition is disposed of with the direction to the petitioner to surrender before the trial Court within a period of 10 days and file an application for regular bail before the trial Court.

6.

The trial Court shall decide the bail application of the petitioner on the same day. However, in the meantime, no coercive action shall be taken against the petitioner.

7.

Disposed of accordingly.

8.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 23nd October 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.10.28 10:38 I attest to the accuracy and integrity of this order/judgment.