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High Court of Punjab and Haryana · body

2025 DAILYLAW 38765 (PNJ)

KIRANDEEP SINGH v. STATE OF PUNJAB

CRM-M/16505/2025 · 2025-03-26

Manjari Nehru Kaul

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 132 CRM-M-16505-2025 Date of decision: March 26, 2025 KIRANDEEP SINGH …Petitioner Versus STATE OF PUNJAB …Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Ms. Bhupinder Kaur, Advocate for the petitioner. MANJARI NEHRU KAUL, J. (ORAL) 1. The instant petition has been filed under Section 528 of BNSS, 2023 for quashing and setting aside of impugned order dated 04.01.2025 and 06.02.2025 (Annexure P-4), vide which the bail bonds and surety bonds of the petitioner were cancelled and forfeited and non-bailable warrants of arrest were issued against him and impugned order dated 06.02.2025 (Annexure P-5), vide which the petitioner was ordered to be served through proclamation under Section 82 of Cr.P.C. in case FIR No.0081 dated 16.07.2020 under Sections 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, 192A of the Motor Vehicles Act, 51(b) of Disaster Management Act, 3 of Epidemic Diseases Act and 188/269/270/379 of IPC, registered at Police Station Begowal, Kapurthala (Annexure P-1). 2. Learned counsel for the petitioner submits that the impugned order, vide which the petitioner was ordered to be served through proclamation had been passed in blatant violation of the provisions of Section 82 of the Cr.P.C. Jaspreet Kaur 2025.03.27 09:27 I attest to the accuracy and integrity of this document Chandigarh CRM-M-16505-2024 -2- 3. After arguing for some time, learned counsel for the petitioner has submitted that the petitioner is ready and willing to appear and surrender before the trial Court. Hence, in the aforementioned facts and circumstances, petitioner be protected till his appearance before the trial Court and directions be given to the trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously. 4. Notice of motion. 5. On asking of the Court, Mr. H.S. Deol, Sr. Deputy Advocate General, Punjab accepts notice on behalf of respondent No.1-State. 6. In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the trial Court within seven days from today. Till then, no coercive steps be taken against the petitioner. This shall, however, be subject to payment of costs in the sum of Rs.10,000/- to be deposited with the concerned District Legal Services Authority. 7. It is made clear that in case, the petitioner fails to surrender before the trial Court within seven days from today, this order shall be of no avail to him thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the trial Court shall make earnest efforts to decide it expeditiously, in accordance with law, preferably within 2 days. March 26, 2025 (MANJARI NEHRU KAUL) Jaspreet Kaur JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Jaspreet Kaur 2025.03.27 09:27 I attest to the accuracy and integrity of this document Chandigarh