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2025 DAILYLAW 50791 (PNJ)

POOJA ALIAS POOJA RANI v. STATE OF PUNJAB

CRM-M/22905/2025 · 2025-04-30

Sandeep Moudgil

body2025

Judgment text

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CRM-M-22905-2025 1 141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22905-2025 DATE OF DECISION: 30.04.2025 POOJA ALIAS POOJA RANI ...PETITIONER Versus STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Manoj R. Sharma, Advocate for the petitioner(s). Mr. Jaspal Singh Guru, AAG, Punjab. *** SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 528 of BNSS. for quashing of order dated 19.03.2025 Annexure P-3 in which the non-bailable warrant were issued against the petitioner in case bearing FIR No.62 dated 07.04.2023, under Sections 21(B), 25, 27(A) and 29 of NDPS Act. Police Station: Dinanagar, District Gurdaspur, qua the petitioner. Learned counsel for the petitioner submits the petitioner could not appear in Court on one date i.e.19.03.2025 as she wrongly noted the next date of hearing as 19.04.2025 instead of 19.03.2025 therefore, the Trial Court cancelled the bail of the petitioner and issued non-bailable warrants of arrest. He submits that the petitioner did not had any intention to avoid attendance in the Court proceedings Anuradha 2025.05.01 07:27 I attest to the accuracy and integrity of this document CRM-M-22905-2025 2 otherwise she was appearing regularly on each and every date before the Court. He undertakes that the petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future. Notice of motion. On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that she will surrender before the trial Court. Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, the petitioner is directed to surrender before the trial Court within a period of 10 days from today and apply for regular bail. In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law. However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition. The aforesaid order/concession to the petitioner shall be subject to payment of costs of Rs.5000/- to be deposited with the Punjab and Haryana High Court Employees’ Welfare Association and a receipt of the same be produced before the Trial Court and only in that Anuradha 2025.05.01 07:27 I attest to the accuracy and integrity of this document CRM-M-22905-2025 3 eventuality, application of the petitioner for seeking bail be considered and decided on the same 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 herself from the trial. The instant petition is disposed of in the aforesaid terms. (SANDEEP MOUDGIL) JUDGE 30.04.2025 anuradha Whether speaking/reasoned Yes/No Whether reportable Yes/No Anuradha 2025.05.01 07:27 I attest to the accuracy and integrity of this document