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High Court of Punjab and Haryana · body

2025 DAILYLAW 46434 (PNJ)

ARSHEED AHMAD RATHER v. STATE OF PUNJAB

CRM-M/21362/2025 · 2025-04-25

Manisha Batra

body2025

Judgment text

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132 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21362-2025 (O&M) Date of Decision: 25.04.2025 ARSHEED AHMAD RATHER ... PETITIONER VS. STATE OF PUNJAB .. RESPONDENT CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ruhani Chadha, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. ****** MANISHA BATRA , J.(ORAL) CRM-16037-2025 Allowed as prayed for. CRM-M-21362-2025 The instant petition has been filed under Section 528 of BNSS 2023 seeking quashing of order dated 21.04.2023 (Annexure P-5) passed by the Court of Learned Additional District and Sessions Judge, Jalandhar in case bearing FIR No. 284 dated 08.10.2020 under Section 15 (c) of the NDPS Act, registered at Police Station Shahkot, District Jalandhar, whereby, the bail of the petitioner was cancelled and his bonds were forfeited to the State due to his non-appearance and warrant of arrest has been issued against him. Now proclamation proceedings have been initiated against him. It is, inter alia, submitted by learned counsel for the petitioner that the petitioner is a juvenile. On 21.04.2023, the petitioner could not appear before the concerned Court due to noting down some wrong date of hearing. He further submits that the absence of the petitioner was not SMRITI 2025.04.28 15:09 I attest to the accuracy and authenticity of this order/judgment CRM-M-21362-2025 (O&M) -2- intentional but due to abovementioned reason. The petitioner is ready to join the proceedings before the learned trial Court and to abide by the terms and conditions to be imposed upon him. Accordingly, it is urged that the petition be allowed. I have heard learned counsel for the petitioner and perused the paper book. On going through the record, though this Court is of the considered opinion that no ground for quashing of the impugned order and subsequent order(s) as passed by the learned trial Court is made out and no illegality and infirmity is found in the impugned order, however, keeping in view the fact that the petitioner is ready and willing to join the proceedings before the learned trial Court and no useful purpose would be served if he is not allowed to join the proceedings before the learned trial Court, the present petition is disposed of by giving direction to the petitioner to surrender before the learned trial Court on or before 06.05.2025 and on his doing so, the learned trial Court shall admit him on bail subject to his furnishing fresh personal as well as surety bonds to its satisfaction. The petitioner shall also deposit the costs of Rs.10,000/- before the District Legal Services Authority concerned. Disposed of in above terms. 25.04.2025 (MANISHA BATRA) smriti JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SMRITI 2025.04.28 15:09 I attest to the accuracy and authenticity of this order/judgment