Punjab-Haryana High Court
Varinder Kumar @ Varinder Singh @ Vicky vs State Of Punjab on 13 November, 2024
CRM-M-56527-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.130
Case No. : CRM-M-56527-2024
Decided On : November 13, 2024
Varinder Kumar @ Varinder Singh
@ Vicky .... Petitioner
vs.
State of Punjab .... Respondent
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr.Vikram Satpal Anand, Advocate
for the petitioner.
Ms.Manjot Kaur, AAG, Punjab.
* * *
GURBIR SINGH, J. :
1. Through the instant petition, the petitioner has approached this
Court with a prayer for quashing the order dated 03.08.2024 (Annexure P-3),
passed by learned Judge, Special Court, Ludhiana (for brevity - Trial Court),
thereby cancelling his bail order and issuing non-bailable warrant against
him, in case FIR No.40 dated 20.02.2023, under Sections 18, 25, 61, 85 of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter
referred to as - NDPS Act), registered at Police Station Samrala, District
Khanna (Annexure P-1).
2. Learned counsel for the petitioner has argued that the petitioner,
after being granted bail in the aforesaid case, was regularly appearing before
the learned Trial Court but on 03.08.2024, he could not appear and the bail
MONIKA granted to him was cancelled. It is further submitted that the said absence
was neither intentional nor deliberate. The petitioner approached the Court
by filing petition for getting anticipatory bail but the same was dismissed
vide order dated 05.11.2024, passed by learned Additional Sessions Judge,
Ludhiana. The petitioner is ready to appear before the learned Trial Court
and abide by all the terms and conditions imposed upon him. So, the
impugned order dated 03.08.2024 be quashed.
3. Notice of motion.
4. Pursuant to advance notice, learned State counsel is present to
assist the Court. She has submitted that since the petitioner has misused the
concession of bail granted to him and has acted in a very casual manner, he
cannot expect leniency from the Court of law any further.
5. I have heard the rival submissions of both the parties and have
gone through the case file.
6. There is no dispute that the petitioner, after being granted
concession of bail, did not appear before the concerned Court on 03.08.2024.
The concerned Court was left with no option, but to cancel the bail and issue
non-bailable warrant. However, a bare perusal of case file reveals that the
petitioner was in custody in some other case and was informed the date in
the present case as 03.10.2024 instead of 03.08.2024. So, he could not
appear on 03.08.2024 but his absence was not willful, rather bona fide.
7. Keeping in view the peculiar circumstances of the case, the
present petition is allowed and the impugned order dated 03.08.2024 is
hereby quashed, subject to deposit of Rs.5000/- as costs with the District
Legal Services Authority. It is further clarified that in case, the petitioner
surrenders before the learned Trial Court within 15 days and move an
application for bail, then the same shall be decided within a period of five
days by passing a speaking order.
8. Pending applications, if any, shall stand disposed of along with
this judgment.
November 13, 2024 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
