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High Court of Punjab and Haryana · body

2025 DAILYLAW 43935 (PNJ)

JAGATPAL ALIAS KALU v. STATE OF HARYANA

CRM-M/19305/2025 · 2025-04-07

Karamjit Singh

body2025

Judgment text

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CRM-M-19305-2025 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19305-2025 Date of decision: 07.04.2025 Jagat Pal @ Kalu ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH Present: Mr. Amit Khatkar, Advocate for the petitioner. **** KARAMJIT SINGH, J. (ORAL) 1. The present petition has been filed by the petitioner seeking quashing of order dated 17.01.2025 Annexure P-3 passed by the Court of Special Judge, Fast Track, Fatehabad vide which the bail bonds of the petitioner were cancelled and he was directed to summoned through non bailable warrants of arrest in case having FIR No. 23 dated 27.01.2024, under Sections 21-B, 27-A, 29 of NDPS Act, Police Station Bhattu Kalan, District Fatehabad, on account of his absence before the trial Court on the date fixed. 2. Counsel appearing on behalf of the petitioner inter alia submits that petitioner is an accused in a criminal case relating to recovery of non commercial quantity of contraband wherein, the petitioner was granted bail vide order Annexure P-2 by the Court concerned. Thereafter, the petitioner was regularly appearing before the trial Court, but was subsequently, arrested in one another case and resultantly, the trial Court issued his production warrants. Counsel for the petitioner further submits that absence of the petitioner before the trial Court on 17.01.2025, was not intentional, rather the same happened due to mis communication between the petitioner and his counsel, as the petitioner was released from jail just a few days back, in one another criminal case which was registered against him. Yogesh Mehta 2025.04.07 15:31 I attest to the accuracy and integrity of this document CRM-M-19305-2025 [2] Counsel for the petitioner further submits that the petitioner is ready and willing to join the proceedings before the trial Court at the earliest, without any delay. 3. Notice of motion. 4. Mr. Arjun Lakhanpal, Addl. A.G. Haryana, accepts notice on behalf of the State and submits that the petitioner got absented from the trial proceedings on 17.01.2025, without any prior intimation to the Court concerned and resultantly, impugned order Annexure P-3 was passed by the trial Court in accordance with law. 5. Apparently, it appears that this was single default on the part of the petitioner and further the petitioner himself has come forward showing his willingness to join proceedings before the trial Court, at the earliest. 6. In light of the above, without expressing any opinion on the merits of the case, the present petition is disposed of in the interest of justice and in order to avoid any further delay in trial and the petitioner is hereby directed to join proceedings before the trial Court within next 10 days and on his doing so, the petitioner is to be released on regular bail by the Court concerned to its own satisfaction, subject to cost of Rs.5,000/- to be deposited by the petitioner with the District Legal Services Authority concerned. 7. Disposed of in aforesaid terms. 8. Needless to say that even in future, the petitioner is to remain careful and to appear before the trial Court on each and every date of hearing, in time. 07.04.2025 (KARAMJIT SINGH) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Yogesh Mehta 2025.04.07 15:31 I attest to the accuracy and integrity of this document