Ranjodh Singh v. State Of Punjab

2023:PHHC:152140

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-60161-2023 (O&M) Date of Decision : November 30, 2023 RANJODH SINGH -Petitioner V/S STATE OF PUNJAB -Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Ms. Kashish Aggarwal, Advocate for the petitioner.

*** KULDEEP TIWARI, J. (ORAL) CRM-50230-2023 1.

As prayed for, the instant application is allowed. CRM-M-60161-2023 2.

Through the instant petition, as instituted under Section 482 of the Cr.P.C., the petitioner seeks quashing of the impugned orders dated 04.10.2023 and 27.10.2023, which are enclosed as Annexures P-5 and P-6 respectively with the instant petition. Vide the impugned orders (supra), the bail of the petitioner, as granted vide order dated 04.10.2022 (Annexure P2), has been cancelled and his bonds have been forfeited, besides proclamation proceedings have been initiated against him. 3.

The learned counsel for the petitioner submits that the absence of the petitioner before the learned trial Court was neither intentional nor wilful, rather was bonafide, as he had been regularly appearing in the trial court proceedings for past one year. What led to the petitioner remaining unrepresented before the learned trial court on the relevant date, was that, the petitioner inadvertently noted down wrong date of hearing. DEVINDER YADAV 2023.11.30 18:20 I attest to the accuracy and authenticity of this order/judgment

CRM-M-60161-2023 (O&M) 2023:PHHC:152140 4.

Though the learned counsel for the petitioner has herein challenged the impugned orders (supra), however, he could not cite any illegality or perversity therein. Therefore, he submits that the petitioner is ready and willing to join the trial proceedings, in case he is granted adequate protection.

5.

Considering the hereinabove made submissions and innocuous prayer of the learned counsel for the petitioner, though this Court does not find any illegality or perversity in the impugned orders (supra), however, taking a lenient view, this Court, at this stage, deems it appropriate to grant an opportunity to the petitioner to appear before the learned trial Court concerned.

6.

Consequently, the instant petition is disposed of with a direction to the petitioner to appear before the learned trial Court concerned on 06.12.2013. Moreover, in case, the petitioner makes an application for grant of bail, the learned trial Judge concerned shall make an endeavour to decide the said application on the same day itself, while taking a sympathetic and lenient view. The arrest of the petitioner shall remain stayed only until 06.12.2023. However, in case, the petitioner fails to appear before the learned trial Court concerned on 06.12.2023, the protection granted hereinabove qua his arrest shall stand automatically vacated, without any further reference to this Court.

(KULDEEP TIWARI) November 30, 2023 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2023.11.30 18:20 I attest to the accuracy and authenticity of this order/judgment