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2025 DAILYLAW 46450 (PNJ)

JOHAN PAL v. STATE OF PUNJAB

CRM-M/20617/2025 · 2025-04-22

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 129 JOHAN PAL STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab MANISHA BATRA 1. The instant petition has been filed by the petitioner for quashing the order dated 11.12.2024 (Annexure P Judge Special Court, Gurdaspur in case arising out of FIR No.86 dated 12.08.2021 registered under Section 22(b) of NDPS Act, at Police Station Kalanaur, District Gurdaspur, whereby his bail was cancelled and bonds were forfeited to the State due to his non bailable warrants were ordered to be issued against him. Now fresh warrants of arrest have been ordered against him for 23.04.2025. 2. It is submitted by learned counsel for the pe petitioner had been regularly appearing before the learned trial Court but could not appear on 11.12.2024 due to serious illness of his mother. He is ready to join the proceedings before the trial Court and to abide by the terms and conditions to be imposed upon him allowing the present petition. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Arun Kumar Gupta, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab **** MANISHA BATRA, J. (oral) The instant petition has been filed by the petitioner for quashing the order dated 11.12.2024 (Annexure P-5) passed by the Court of learned Judge Special Court, Gurdaspur in case arising out of FIR No.86 dated 12.08.2021 registered under Section 22(b) of NDPS Act, at Police Station Kalanaur, District Gurdaspur, whereby his bail was cancelled and bonds were ted to the State due to his non-appearance on that particular date and non bailable warrants were ordered to be issued against him. Now fresh warrants of arrest have been ordered against him for 23.04.2025. It is submitted by learned counsel for the pe petitioner had been regularly appearing before the learned trial Court but could not appear on 11.12.2024 due to serious illness of his mother. He is ready to join the proceedings before the trial Court and to abide by the terms and tions to be imposed upon him. Therefore, prayer has been made for allowing the present petition. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.20617 of 2025 Date of decision: 22.04.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab. The instant petition has been filed by the petitioner for quashing passed by the Court of learned Judge Special Court, Gurdaspur in case arising out of FIR No.86 dated 12.08.2021 registered under Section 22(b) of NDPS Act, at Police Station Kalanaur, District Gurdaspur, whereby his bail was cancelled and bonds were appearance on that particular date and non- bailable warrants were ordered to be issued against him. Now fresh warrants of arrest have been ordered against him for 23.04.2025. It is submitted by learned counsel for the petitioner that the petitioner had been regularly appearing before the learned trial Court but could not appear on 11.12.2024 due to serious illness of his mother. He is ready to join the proceedings before the trial Court and to abide by the terms and herefore, prayer has been made for The instant petition has been filed by the petitioner for quashing passed by the Court of learned Judge Special Court, Gurdaspur in case arising out of FIR No.86 dated 12.08.2021 registered under Section 22(b) of NDPS Act, at Police Station Kalanaur, District Gurdaspur, whereby his bail was cancelled and bonds were - bailable warrants were ordered to be issued against him. Now fresh warrants of titioner that the petitioner had been regularly appearing before the learned trial Court but could not appear on 11.12.2024 due to serious illness of his mother. He is ready to join the proceedings before the trial Court and to abide by the terms and herefore, prayer has been made for Jyoti 2025.04.22 16:19 I attest to the accuracy and integrity of this document CRM- 3. Though, no illegality seems to have been committed by learned trial Court while passing made by learned one opportunity to surrender before the trial Court the fact that the absence of the petitioner does not attract the consequences of detaining him into custody as to ensure timely disposal of the cases before the learned trial Court, t petition is disposed of with learned trial Court and on moving appropriate application, the bail subject to deposit of costs of subject to his furnishing personal as well However, this petition shall be deemed to be dismissed if the petitioner does not abide by this order. Petition stands disposed of. A copy of this order be given to the counsel for the petitioner under the signature 22.04.2025 Jyoti-IV -M No.20617 of 2025 Though, no illegality seems to have been committed by learned trial Court while passing the impugned order, however, in view of the request made by learned counsel for the petitioner at this stage to grant the petitioner one opportunity to surrender before the trial Court the absence of the petitioner does not attract the consequences of detaining him into custody as he is willing to join the trial and to ensure timely disposal of the cases before the learned trial Court, t petition is disposed of with the direction to the petitioner to surrender before the learned trial Court on 23.04.2025 and it is further ordered that on h and on moving appropriate application, the learned bail subject to deposit of costs of `5,000/- with DLSA, Gurdaspur and further subject to his furnishing personal as well as surety bonds to its satisfaction. However, this petition shall be deemed to be dismissed if the petitioner does not abide by this order. Petition stands disposed of. A copy of this order be given to the counsel for the petitioner under the signature of Bench Secretary of this Court (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No -2- Though, no illegality seems to have been committed by learned , however, in view of the request counsel for the petitioner at this stage to grant the petitioner one opportunity to surrender before the trial Court and further keeping in view the absence of the petitioner does not attract the consequences of he is willing to join the trial and the ultimate aim is to ensure timely disposal of the cases before the learned trial Court, the present direction to the petitioner to surrender before the is further ordered that on his surrender learned trial Court shall admit him to with DLSA, Gurdaspur and further as surety bonds to its satisfaction. However, this petition shall be deemed to be dismissed if the petitioner does A copy of this order be given to the counsel for the petitioner of Bench Secretary of this Court. (MANISHA BATRA) JUDGE Yes/No. Yes/No Though, no illegality seems to have been committed by learned , however, in view of the request counsel for the petitioner at this stage to grant the petitioner and further keeping in view the absence of the petitioner does not attract the consequences of is he present direction to the petitioner to surrender before the surrender admit him to with DLSA, Gurdaspur and further as surety bonds to its satisfaction. However, this petition shall be deemed to be dismissed if the petitioner does A copy of this order be given to the counsel for the petitioner Jyoti 2025.04.22 16:19 I attest to the accuracy and integrity of this document