Punjab-Haryana High Court
Sukhwinder Singh vs Tejinder Singh on 14 May, 2024
Neutral Citation No:=2024:PHHC:067665
277
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 48100 of 2023 (O&M)
Date of Decision: 14.05.2024
Sukhwinder Singh
.......... Petitioner
Versus
Tejinder Singh
.......... Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: None for the petitioner.
None for the respondent.
****
HARKESH MANUJA, J. (ORAL)
The petitioner, by way of present petition filed under Section
482 Cr.P.C., seeks quashing of the order dated 04.09.2023 (Annexure P-5)
passed by the learned Additional Sessions Judge, Ludhiana, whereby his bail
order was cancelled followed by forfeiture of bail bonds and surety bonds to
the State, while summoning through non-bailable warrants in case No.
CRA/2330/2019, titled "Sukhwinder Singh Versus Tejinder Singh".
[2] Co-ordinate Bench, while issuing notice of motion vide order
dated 25.09.2023 passed the following order:-
" The petitioner has filed the present petition under
Section 482 Cr.P.C. with a prayer to quash the order dated
04.09.2023, passed by Additional Sessions Judge, Ludhiana,
whereby the bail order of the petitioner was ordered to be
cancelled and the bail bonds and surety bonds were forfeited
to the State.
Learned counsel for the petitioner submits that the
petitioner was ordered to be convicted for the offence
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punishable under Section 138 of Negotiable Instruments Act
and was sentenced to undergo rigorous imprisonment for a
period of two years and to pay compensation. Against the
said judgment, the petitioner had filed an appeal, which was
being heard by the Court of Additional Sessions Judge,
Ludhiana. Learned counsel further submits that on
03.09.2023, the petitioner was in Mumbai and had booked
his flight from Mumbai to Chandigarh, so that he may attend
the Court proceedings on 04.09.2023. He also annexed the
air tickets in support of the said arguments. However, due to
heavy rain and flood in Mumbai, the petitioner could not get
the said flight and could not attend the Court proceedings on
04.09.2023. His counsel moved an application for exemption
from personal appearance Annexure P-2, still the bail order
of the petitioner was ordered to be cancelled and he was
summoned through non-bailable warrants vide order
Annexure P-5. He next contends that the petitioner is ready
to appear before the Appellate Court and join the Court
proceedings.
Notice of motion for 16.11.2023. Issue dasti process
as well.
In the meantime, the petitioner is directed to
surrender before the Court of Additional Sessions Judge,
Ludhiana/Appellate Court within a period of 10 days from
today and on his surrender, he shall be admitteed to interim
bail subject to furnishing of surety bonds/bail bonds to the
satisfaction of the trial Court/Illaqa Magistrate. The
petitioner shall continue to appear before the trial Court on
each and every date of hearing and shall not absent during
the course of proceedings without prior permission of the
Court. "
[3] As per office report, notice issued to sole respondent through
his counsel, namely, Mr. Sunny Aggarwal, appearing before the Court
below, has been served; however, no one appears on his behalf.
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[4] Pursuant to above order dated 25.09.2023, the petitioner
surrendered himself before the trial Court and has released on interim bail
vide order dated 03.10.2023, which has been reflected from the proceedings
/ order dated 11.10.2023 passed by the learned Additional Sessions Judge,
Ludhiana, which is re-produced hereunder:-
" CRA 2330 Sukhwinder Singh Versus Tejinder Singh
Present: Appellant on bail, with counsel Sh. Ravinder
Singh Rana.
Sh. Sunny Aggarwal, Advocate for respondent.
Appellant has already been granted interim
bail by Hon'ble High Court vide order dated 25.09.2023
passed in CRM-M-48100-2023 and he has been released on
interim bail by this court vide order dated 03.10.2023 as
appellant surrendered before the court in compliance of
above said orders of Hon'ble High Court. On request, case
is adjourned to 07.11.2023 for arguments.
Date of Order: 11.10.2023 (Bishan Saroop),
Addl. Sessions Judge, Ludhiana.
(UID No.PB0449)"
[5] In view of the fact that the petitioner has already surrendered
himself before the Court concerned; admitted to bail and is facing the
proceedings, the order dated 25.09.2023 passed by this Court is made
absolute. The Appellate Court is requested to decide the appeal as per law at
the earliest, preferably within a period of four months from today.
[6] Disposed off.
May 14, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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