Naveen Bajaj v. Shree Vaibhav Luxmi Trading Co. And Others

2024:PHHC:006794

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-62731-2023 Date of Decision: 18.01.2024 Naveen Bajaj

...Petitioner

Vs.

Shree Vaibhav Luxmi Trading Co. and others

...Respondents

CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT

Present:

Mr. Anuj Balian, Advocate for the petitioner.

Mr. Rajan Gupta, respondent in person.

N.S.SHEKHAWAT, J. (Oral) 1.

The petitioner has filed the instant petition under Section 482 of the Cr.P.C. with a prayer to quash the order dated 16.01.2023 (Annexure P-3) passed by the trial Court, whereby the bail of the petitioner was cancelled and the bail bonds/surety bonds were ordered to be forfeited to the State and the order dated 27.10.2023 (Annexure P-4), whereby the application moved by the petitioner for cancellation of the order is dismissed.

2.

Learned counsel appearing on behalf of the petitioner submits that in compliance of the interim order dated 13.12.2023, passed by this Court the petitioner had surrendered before the trial Court and has been admitted to interim bail.

3.

On the other hand, Mr. Rajan Gupta, respondent has appeared before the Court and submits that the petitioner is making all efforts to delay the trial. He further contends that appropriate directions may be issued to the trial Court to conclude the trial within certain time frame.

4.

I have heard learned counsel for the parties and perused the record.

MAMTA 2024.01.20 11:42 I attest to the accuracy and integrity of this order/judgment.

CRM-M-62731-2023 2024:PHHC:006794 -25.

The petitioner has appeared before the trial Court in compliance of the interim order dated 13.12.2023, passed by this Court and has been admitted to interim bail and his further custody is not required at this stage.

6.

In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.

7.

The petitioner shall pay a sum of Rs.20,000/- as costs to the respondent before the trial Court on the next date of hearing. 8.

In case, the amount of Rs.20,000/- is not paid by the petitioner to the respondent, the present petition shall be deemed to be dismissed.

9.

The petitioner shall continue to appear before the trial Court on each and every date of hearing and shall not remain absent before the trial Court except for prior permission of the Court. 10.

From the record, it is apparent that the proceedings are pending before the trial Court since 2018, consequently the trial Court is directed to conclude the trial within period of 01 year from today. 11.

Disposed off.

(N. S. SHEKHAWAT) JUDGE 18.01.2024 M.Sikka Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No MAMTA 2024.01.20 11:42 I attest to the accuracy and integrity of this order/judgment.