Sanjeev Kumar v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-57048-2023 Date of Decision:-14.11.2023 Sanjeev Kumar ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Ashish Nagar, Advocate for the petitioner. Mr. Siddharth Attri, AAG, Punjab.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed inter alia praying for setting aside the order dated 11.08.2023 (Annexure P-1), whereby, the Appellate Court has cancelled the bail granted to the petitioner and have summoned him through non-bailable warrants for 18.09.2023. 2.

Since, those non-bailable warrants could not be executed and now the matter is fixed for execution of non-bailable warrants for 18.11.2023.

3.

Learned counsel for the petitioner has submitted that the absence of the petitioner was absolutely unintentional and he was suffering from medical exigency and relies upon Annexures P-4 and P-5. 4.

Learned State counsel has vehemently opposed the present petition on the ground that the petitioner has absented himself not only on the date of the impugned order but on two earlier occasions but he did not PARUL 2023.11.15 09:36 I attest to the accuracy and authenticity of this document

2023:PHHC:144187 CRM-M-57048-2023 -2even file the said medical certificates alongwith his exemption application, hence, Annexures P-4 and P-5 cannot be relied upon, more so, the same have been issued by a clinical laboratory and its veracity is extremely doubtful.

5.

Heard learned counsel for the petitioner as well as learned State counsel and considering the fact that issuance of notice to the private respondents shall only procrastinate the appeal which is not in the interest of justice.

6.

Although, there is no infirmity in the order passed by the Court below, however, purely in the interest of justice, the present petition stands disposed of with a direction to the petitioner to appear before the Appellate Court on 18.11.2023 at 11:00 AM.

7.

In case, the petitioner appears and surrenders before the Appellate Court, he shall be admitted to fresh bail by the Court concerned. However, this concession is subject to cost of Rs.5,000/- to be paid by the petitioner to the complainant on the said date. (ALOK JAIN) JUDGE 14.11.2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.11.15 09:36 I attest to the accuracy and authenticity of this document