Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 133 CRM-M-38194-2025 Date of Decision: 29.07.2025 Jagdev Singh @ Jagga ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE MANISHA BATRA **** Present: Mr. Atinderpal Singh, Advocate for the petitioner. Mr. Eklavya Darshi, DAG, Punjab. **** MANISHA BATRA
, J. (ORAL)
1. The instant petition has been filed by the petitioner for quashing of order dated 28.01.2025 (Annexure P-13) passed by the Additional Sessions Judge, Amritsar in case arising out of FIR No.335 dated 29.09.2020 registered under Sections 21 of NDPS Act and Section 25 of Arms Act at Police Station Jandiala Guru, Amritsar, whereby his bail was cancelled and bonds were forfeited to the State due to his non-appearance on that particular date and non-bailable warrants were ordered to be issued against him for
04.09.2025. 2. It is submitted by learned counsel for the petitioner that due to some misunderstanding in noting the date of hearing, he could not appear on 28.01.2025 before the Court. His absence was not intentional but was due to the fact that he had been arrested on 17.01.2025 in some other case. He was granted bail on 19.02.2025 and was released on 26.02.2025. He is ready to join the proceedings before the trial Court and to abide by the terms and NISHA 2025.08.01 10.23 I attest to the accuracy and integrity of this document
CRM-M-38194-2025 -2- conditions to be imposed upon him, therefore, prayer has been made for allowing the present petition. 3. Notice of motion. 4. Mr. Eklavya Darshi, DAG, Punjab, accepts notice on behalf of the respondent-State and submits that the petitioner does not deserve the relief as there is no illegality in the impugned order. 5. The petitioner had absented himself on 20.01.2025 and he had placed on record copy of order dated 19.02.2025, passed by the learned Sessions Judge, Tarn Taran (Annexure P-12), showing that he had been extended benefit of bail in case arising out of FIR No.15 dated 17.01.2025, under Sections 111(3) BNS, 25(6), 25(7), 54, 59 of Arms Act, at Police Station City Tarn Taran and had been arrested in another case on 07.01.2025 as such, it is apparent that he was in custody as on 20.01.2025. His absence on 28.01.2025 was due to some misunderstanding in noting the date of hearing and he could not appear before the trial Court.
His absence was not intentional but was due to the fact that he had been arrested on 17.01.2025 in some other case. Though, no justification has been made out for setting aside the impugned order as no illegality seems to have been committed by learned trial Court while passing the same, however, in view of the request made by learned counsel for the petitioner at this stage to grant the petitioner one more opportunity to surrender before the trial Court and further keeping in view the fact that the absence of the petitioner does not attract the consequences of detaining him into custody as 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 petition is disposed of with the direction to the petitioner to surrender before the learned trial Court within a period of 20 days from today NISHA 2025.08.01 10.23 I attest to the accuracy and integrity of this document
CRM-M-38194-2025 -3- and it is further ordered that on his surrender and on moving appropriate application, the learned trial Court admit him to bail 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. 6. Petition stands disposed of. 7. A copy of this order be sent to the trial Court. (MANISHA BATRA) JUDGE July 29, 2025 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No NISHA 2025.08.01 10.23 I attest to the accuracy and integrity of this document