Gagandeep Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-56788-2024 Date of Decision : November 14, 2024 GAGANDEEP SINGH -PETITIONER V/S STATE OF PUNJAB -RESPONDENT

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Sudesh Kumar Pandey, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition cast under Section 528 of the B.N.S.S., the petitioner seeks quashing of the order dated 29.10.2024 (Annexure P-4), as became rendered by the Additional Sessions Judge, Moga.

2.

What emanates from a studied survey of the record available before this Court, is that, consequent upon the petitioner becoming convicted by the learned trial Court concerned, vide verdict of conviction dated 05.09.2023, he preferred thereagainst a statutory appeal before the learned appellate court concerned, which is yet pending adjudication. However, the learned appellate court concerned suspended the sentence imposed upon the petitioner and directed him to furnish the requisite bail and surety bonds, which he failed to furnish within the requisite period, and, failure whereof the petitioner attributes to his poor health condition. DEVINDER YADAV 2024.11.14 16:07 I attest to the accuracy and authenticity of this order/judgment

CRM-M-56788-2024 Resultantly, the petitioner filed an application before the learned appellate court concerned, thereby seeking extension of time to furnish the bail and surety bonds, whereupon, the latter, vide order dated 08.10.2024, granted extension of 07 days to the petitioner to furnish the bail and surety bonds. However, despite grant of extension (supra), the petitioner again failed to furnish the requisite bail and surety bonds, which resulted in drawing of the order dated 29.10.2024, wherethrough, notice is ordered to be issued to the petitioner, on account of his absence without any intimation to the court concerned.

3.

Although the learned counsel for the petitioner made a vociferous attempt to assail the validity of the order dated 29.10.2024 (Annexure P-4), however, he failed in his endeavour. In the above scenario, the learned counsel for the petitioner makes a request that the petitioner does not have any intention to escape from the clutches of law, rather he is ready and willing to, within 15 days from today, furnish the requisite bail and surety bonds before the court concerned. 4.

Considering the innocuous and bona fide request made by the learned counsel for the petitioner, the petitioner is granted a further period of 15 days to furnish the requisite bail and surety bonds, as directed by the learned appellate court concerned.

5.

The instant petition is disposed of accordingly. (KULDEEP TIWARI) November 14, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.11.14 16:07 I attest to the accuracy and authenticity of this order/judgment