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(2022) Law Today Live Doc. Id. 17185
Decided on: 10.11.2022
Present:
Ms. Himani, Advocate for Mr. C.S. Rana, Advocate for the petitioner.
Code of Criminal Procedure, 1973 (2 of 1974), Section 446-A -- Indian Penal Code, 1860 (45 of 1860), Sections 399, 402, 34 -- Arms Act, 1959 (54 of 1959), Section 25 – Absence from Trial – Cancellation of bail -- Petitioner on bail was regularly appearing before the trial Court, however, on account of noting a wrong date, he absented and his bail/surety bonds were forfeited and non-bailable warrants were issued – Petitioner directed to appear before the trial Court within a period of 15 days and he will be released on bail subject to his furnishing fresh bail/surety bonds.
(Para 1-5)
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ARVIND SINGH SANGWAN, J. (ORAL) –
1. Prayer in this petition is for setting aside the order dated 20.05.2022 passed by the trial Court, vide which bail/surety bonds were forfeited to the State and non-bailable warrants were issued against the petitioner in FIR No.326 dated 29.10.2017 under Sections 399/402/34 IPC and Section 25 of Arms Act, registered at Police Station Dakha, District Ludhiana.
2. Learned counsel for the petitioner submits that the petitioner was granted bail by the Additional Sessions Judge, Ludhiana on 19.01.2018 and thereafter, he was regularly appearing before the trial Court, however, on account of noting a wrong date, he absented the proceedings on 20.05.2022 and his bail/surety bonds were forfeited and non-bailable warrants were issued. It is further submitted that the petitioner is ready to surrender before the trial Court and apply for fresh bail.
3. Notice of motion.
4. On asking of the Court, Mr. Navneet Singh, DAG, Punjab accepts notice on behalf of the respondent-State and has not disputed the factual position.
5. After hearing learned counsel for the parties and considering the aforesaid factual position, this petition is allowed and the petitioner is directed to appear before the trial Court within a period of 15 days from today and he will be released on bail subject to his furnishing fresh bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.
6. This will, however, be subject to the condition that the petitioner will deposit the costs of Rs.2,000/- with the District Legal Services Authority, concerned.
Order accordingly.
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