Baljit Singh Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1156426
CourtPunjab and Haryana High Court
Decided OnJul-16-2014
AppellantBaljit Singh
RespondentState of Punjab
Excerpt:
crm no.m-18042 of 2014 -1- in the high court of punjab and haryana at chandigarh crm no.m-18042 of 2014 date of decision:- 16.07.2014 baljit singh .....petitioner versus state of punjab .....respondent coram: hon'ble mr.justice mehinder singh sullar present: mr.amit arora, advocate, for the petitioner. ms.amarjit khurana, additional advocate general, punjab, for the state. **** mehinder singh sullar , j.(oral) petitioner-baljit singh @ billa son of warayam singh, has preferred the instant petition for the grant of anticipatory bail, in a case registered against him, vide fir no.112 dated 14.09.2012, on accusation of having committed an offence punishable under section 22 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter to be referred as 'the ndps act).by the police of police station sirhali, district tarn taran. 2. notice of the petition was issued to the state. 3. after hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. kumar naresh 2014.07.17 16:50 i attest to the accuracy and integrity of this document chandigarh crm no.m-18042 of 2014 -2- 4. during the cours.of preliminary hearing, the following order was passed by this court on may 26, 2014:- “learned counsel, inter alia, contended that petitioner was earlier granted the concession of regular bail in this case, vide order dated 31.10.2012 by the court of special judge, tarn taran. he was regularly attending the court. he could not appear in the court on 24.07.2013, due to wrong noting of date by his counsel. he undertakes to regularly appear in the court in future. the argument is that the absence of petitioner on 24.07.2013 was not intentional but bonafide and on account of wrong noting of date. heard. notice of motion be issued to the respondent, returnable for 16.07.2014. meanwhile, the petitioner is directed to appear/surrender and to file a specific affidavit that he will regularly attend the proceedings in the trial court in future. in that eventuality, the trial court would admit him to interim (provisional) bail on his furnishing adequate bail and surety bonds to its satisfaction.”. 5. at the very outset, learned counsel has placed on record the affidavit of the petitioner, which would reveal that the affidavit, bail and surety bonds furnished by him, in pursuance of pointed order of this court, were accepted and attested on 10.07.2014, by the trial court. 6. in the light of aforesaid reasons, the instant petition for anticipatory bail is accepted. the interim (provisional) bail already granted to the petitioner, by means of indicated order of this court, is hereby made absolute. july 16, 2014 (mehinder singh sullar) naresh.k judge kumar naresh 2014.07.17 16:50 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-18042 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-18042 of 2014 Date of Decision:- 16.07.2014 Baljit Singh .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE Mr.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Amit Arora, Advocate, for the petitioner.

Ms.Amarjit Khurana, Additional Advocate General, Punjab, for the State.

**** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Baljit Singh @ Billa son of Warayam Singh, has preferred the instant petition for the grant of anticipatory bail, in a case registered against him, vide FIR No.112 dated 14.09.2012, on accusation of having committed an offence punishable under Section 22 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act).by the police of Police Station Sirhali, District Tarn Taran.

2.

Notice of the petition was issued to the State.

3.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

Kumar Naresh 2014.07.17 16:50 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-18042 of 2014 -2- 4.

During the couRs.of preliminary hearing, the following order was passed by this Court on May 26, 2014:- “Learned counsel, inter alia, contended that petitioner was earlier granted the concession of regular bail in this case, vide order dated 31.10.2012 by the Court of Special Judge, Tarn Taran.

He was regularly attending the Court.

He could not appear in the Court on 24.07.2013, due to wrong noting of date by his counsel.

He undertakes to regularly appear in the Court in future.

The argument is that the absence of petitioner on 24.07.2013 was not intentional but bonafide and on account of wrong noting of date.

Heard.

Notice of motion be issued to the respondent, returnable for 16.07.2014.

Meanwhile, the petitioner is directed to appear/surrender and to file a specific affidavit that he will regularly attend the proceedings in the trial Court in future.

In that eventuality, the trial Court would admit him to interim (provisional) bail on his furnishing adequate bail and surety bonds to its satisfaction.”

.

5.

At the very outset, learned counsel has placed on record the affidavit of the petitioner, which would reveal that the affidavit, bail and surety bonds furnished by him, in pursuance of pointed order of this Court, were accepted and attested on 10.07.2014, by the trial Court.

6.

In the light of aforesaid reasons, the instant petition for anticipatory bail is accepted.

The interim (provisional) bail already granted to the petitioner, by means of indicated order of this Court, is hereby made absolute.

July 16, 2014 (MEHINDER SINGH SULLAR) naresh.k JUDGE Kumar Naresh 2014.07.17 16:50 I attest to the accuracy and integrity of this document Chandigarh