High Court of Punjab and HaryanaCRM-M/53858/2019allowed

Lakhwinder Singh @ Lucky Kang v. State Of Punjab

2019-12-17Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-53858 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-53858 of 2019 Date of decision: 17.12.2019 Lakhwinder Singh @ Lucky Kang ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Rishu Mahajan, Advocate for the petitioner. HARINDER SINGH SIDHU, J.

Prayer is for grant of anticipatory bail in case FIR No.77 dated 25.12.2018 under Sections 21/27-A/29 of NDPS Act registered at P.S Mohkampura, Amritsar.

As per allegations in the FIR, 300 grams of heroine was recovered from the co-accused of the petitioner. The petitioner was granted bail by the trial Court vide order dated 03.08.2019. Thereafter, he had been appearing regularly. However, on account of failure of the petitioner to appear before the trial Court on 11.10.2019, his bail bonds were cancelled and his presence was secured through non-bailable warrants. Learned counsel for the petitioner states that his nonappearance was not intentional. In fact, wrong date was noted by the petitioner and only because of this reason, he could not cause his appearance on the date fixed. He states that the next date fixed before the trial Court is 07.1.2020. He undertakes that the petitioner shall appear before the learned trial Court on any date to be fixed by this Court. Notice of motion.

MANOJ KUMAR 2019.12.19 09:05 I attest to the accuracy and integrity of this document

CRM-M-53858 of 2019 #2# Mr. Tanvir Joshi AAG, Punjab, who is present in Court, accepts notice on behalf of the respondent-State. Having heard learned counsel for the parties and taking into account the facts of the present case, this petition is disposed of with the observation that the petitioner may appear before the learned trial Court on or before the date fixed. On his doing so, he shall be enlarged on bail by the trial Court subject to his furnishing bail bonds and surety bonds to its satisfaction. He shall also file an undertaking before the concerned Court to continue appearing as and when required apart from following all the terms and conditions fixed in this respect.

This shall however be subject to payment of Rs.2000/- as costs to be deposited by the petitioner with the District Legal Services Authority, Amritsar.

December 17, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2019.12.19 09:05 I attest to the accuracy and integrity of this document