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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23111-2025 DECIDED ON: 02.05.2025 GURVINDER SINGH ALIAS BABA
.....PETITIONER VERSUS STATE OF PUNJAB
.....RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Sandeep Arora, Advocate for the petitioner.
SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked or quashing of Impugned - order dated 06.02.2025 passed by Ld. Addl. Sessions Judge, Jalandhar (Annexure P-2) vide which the bail order of the petitioner was cancelled and bail bonds and surety bonds were forfeited to the State in an illegal and arbitrary manner in case FIR No. 185 dated 27.07.2018 under Sections 307, 302, 201, 212, 216, 120-B, IPC, 1860 and Section 25/54/59 of Arms Act, 1959 and Section 3(2), SC and ST (Prevention of Atrocities) Act, 1989, P.S. Rama Mandi, District Jalandhar (Annexure P-1) on account of his absence from the Court below on
06.02.2025.
Learned counsel for the petitioner submits that the petitioner was regularly appearing before the trial Court but on 06.02.2025, he could not appear before the trial Court, as he had noted wrong dated as 06.03.2025. He therefore, submits that the absence of the petitioner before the trial Court is neither intentional nor deliberate. MEENU 2025.05.02 18:43 I attest to the accuracy and integrity of this document
CRM-M-23111-2025 -2-
Learned counsel for the petitioner though at the outset without contesting the order dated 06.02.2025 (Annexure P-2) on merits undertakes to join the trial proceedings within ten days. Notice of motion. Mr. Jastej Singh, Addl. AG Punjab, accepts notice on behalf of respondent/State and not averse to the undertaking given on behalf of the petitioner. Without addressing the merits of the case or the legality of the order, as the same has not been contested by the learned counsel for the petitioner, who has voluntarily agreed to join the proceedings before the trial court and to pay a penalty of Rs. 20,000/- to the Punjab & Haryana High Court Bar Clerk’s Association for causing unwarranted delay in the trial proceedings, the order dated 06.02.2025 (Annexure P-2) is hereby set aside. However, the aforesaid order would be subject to fulfillment of undertaking given before this Court on behalf of the petitioner that he will surrender before the trial Court within ten days. If any application seeking bail is moved by the petitioner, the same be considered by the Court below preferably on that very day in accordance with law. The amount so deposited by the petitioner shall not be construed as cost for this order but penalty for stalling the court proceedings by evading himself from trial for a long time. The petition stands disposed off in the aforesaid terms.
(SANDEEP MOUDGIL) 02.05.2025
JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.05.02 18:43 I attest to the accuracy and integrity of this document