Jeewan Singh @ Monu v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 31.01.2024 Jeewan Singh @ Monu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present :

Mr. S.S.Gill, Advocate, for the petitioner.

Mr. M.S.Tiwana, AAG, Punjab, for the respondent.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 401 of the Code of Criminal Procedure, 1973, for setting aside the order dated 08.11.2023 passed by learned Judge Special Court, Patiala, whereby regular bail granted to the petitioner on 06.11.2023 was cancelled. On 13.12.2023, while issuing notice of motion, this Court passed the following order:- "Contends that in view of ratio of law laid down in Abdul Basit @ Raju and others Vs. Md. Abdul Kadir Chaudhary and another 2015(1) SCC (Criminal) 257, order impugned is not legally sustainable.

Notice of motion.

On the asking of the Court, Mr. Joginder Pal Ratra, Sr. DAG, Punjab accepts notice on behalf of respondentState and seeks time to have instructions and/or file short affidavit in the matter.

Posted for 16.01.2024.

Let orders dated 06.11.2023 (P-1) & 08.11.2023 passed by ld. Judge, Special Court, Patiala, be brought

-2to the notice of learned Sessions Judge, Patiala and thereafter a report be submitted in the matter before date fixed."

2.

In pursuance to the above order, a report from learned District and Sessions Judge, Patiala, dated 12.01.2024, has been received and operative part of the same reads as under:- "The officer has further submitted that the above error had occurred due to oversight and the same was inadvertent and the officer could not notice that there were two sub paras in the FSL report. The officer has deeply regretted for this error which has occurred at the time of calculation of the total quantity while allowing the bail application dated 06.11.2023. The officer has assured that he shall remain vigilant in future and no such error would be repeated and has sought unconditional apology. The comments submitted by the concerned officer are attached herewith as annexure-A." 3.

Still further, the relevant part of the comments (Annexure-A) sent by learned Special Court, is also extracted as under:- "It is further humbly submitted that under above mentioned circumstances the order dated 6.11.2023 and 8.11.2023 have been passed by the undersigned and occurrence of above mentioned error while passing order dated 6.11.2023 is hereby deeply regretted and the undersigned hereby assure that I will remain vigilant in future and no such error would be repeated and the undersigned hereby submits unconditional apology for the same."

4.

After arguing for some time, when this Court was not inclined to accept the prayer, learned counsel, on instructions from the petitioner, wishes to withdraw the present petition with liberty to pursue his petition i.e. CRM-M-59341-2023 for regular bail.

-35.

Ordered accordingly.

6.

It is clarified that observations made above shall not be construed as an expression of opinion on merits of the regular bail (supra) pending consideration.

(MAHABIR SINGH SINDHU) 31.01.2024 JUDGE adhikari Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No