Allowed

Harjit Singh Alias Jita v. State of Punjab

Punjab & Haryana HC27 Jan 2023CRM-M/4389/2023

Case brief

AI extract

What is this about?

Petitioner challenged the cancellation of his bail and issuance of non-bailable warrants in an NDPS case due to non-appearance caused by family illness. The High Court allowed the petition, set aside the impugned order, and directed surrender with fresh bail bonds.

What did the court decide?

Impugned order dated 18.10.2022 set aside; petitioner directed to surrender within two weeks; to file bail application with bonds; to deposit Rs.5,000 costs.

Harjit Singh Alias Jita Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2023)

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118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-4389-2023

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Date of Decision: January 27, 2023

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HARJIT SINGH ALIAS JITA

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........ Petitioner

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Versus

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STATE OF PUNJAB ........ Respondent

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. Manoj R. Sharma, Advocate for the petitioner.

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Mr. Tarun Aggarwal, Sr. DAG, Punjab.

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HARKESH MANUJA, J. (ORAL)

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By way of present petition filed under Section 482 of Cr.P.C., prayer has been made for setting aside the order dated 18.10.2022 whereby the bail bonds of the petitioner were cancelled, surety bonds forfeited followed by issuance of non-bailable warrants against him.

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The facts of the case are that the petitioner was implicated in case FIR No.11 dated 26.01.2018 under Sections 21, 22 of NDPS Act, P.S. Fatehgarh Churian, District Gurdaspur, wherein, he was granted concession of bail on 19.03.2018 and since then was appearing before the trial Court but for 18.10.2022 when on account of ill-health of close family member he could not present himself before the Court, resulting into cancellation of his bail bonds and issuance of non-bailable warrants vide impugned order dated 18.10.2022.

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Learned counsel for the petitioner submits that the nonTEJWINDER SINGHappearance of the petitioner on 18.10.2022 was neither intentional nor 2023.01.27 20:05 I attest to the accuracy and authenticity of this document P&H High Court, Chandigarh

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CRM-M-4389-2023 -2-

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willful but on account of reasons beyond his control. He also submits that the petitioner has been regularly appearing before the trial Court since the date of grant of concession of regular bail in his favour and undertakes to face the trial.

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On the other hand learned State counsel submits that the non-appearance of the petitioner, in the facts and circumstances of the present case show that the same was in order to delay the proceedings in the trial as the prosecution witnesses were even present on the date of his non-appearance.

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I have heard learned counsel for the parties and gone through the paper-book. I find substance in the submissions made by learned counsel for the petitioner.

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Having granted the concession of regular bail vide order dated 19.03.2018, the petitioner has been continuously appearing before the trial Court without absenting himself unless ordered by the Court and his non-appearance on 18.10.2022, appears to be for bona fide reasons and on account of ill-health of one of his family members. There does not appear to be any plausible reason to disbelieve the petitioner at this stage.

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With the aforesaid observations the present petition is allowed. The impugned order dated 18.10.2022 passed by trial Court is set aside with a direction to the petitioner to surrender before the trial Court within two weeks from today and file his bail application along with bail bonds/surety bonds to the satisfaction of the trial court. The aforesaid order shall however be subject to payment of cost of TEJWINDER SINGHRs.5,000/- to be deposited in the following account:2023.01.27 20:05 I attest to the accuracy and authenticity of this document P&H High Court, Chandigarh

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CRM-M-4389-2023

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-3-

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Account name: Punjab and Haryana high court Association Lawyer’s Welfare Fund Account No: 41564846387 Bank Name: S.B.I. High Court Branch.

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27.01.2023

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tejwinder

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( HARKESH MANUJA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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TEJWINDER SINGH 2023.01.27 20:05 I attest to the accuracy and authenticity of this document P&H High Court, Chandigarh

Harjit Singh Alias Jita v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harjit Singh Alias Jita v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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