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(2021) Law Today Live Doc. Id. 16272
Decided on: 25.06.2021
Present:
Ms. Amandeep Kaur, Advocate, for the petitioners.
(The proceedings are being conducted through video conferencing as per instructions.)
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – NDPS case -- Anticipatory bail -- Jump of bail – Petitioner was released on regular bail on 22.12.2017 and was appearing before the Trial Court consistently, however, he could not appear on 02.04.2021, due to which, non-bailable warrants were issued for 04.05.2021 -- He filed anticipatory bail application, which was listed before the same Court and was declined on 18.05.2021 on the ground that the petitioner should approach the superior Court – Anticipatory bail allowed.
(Para 4-6)
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G.S. SANDHAWALIA, J. (ORAL) –
1. The petitioner seeks anticipatory bail in the present petition filed under Section 438 Cr.P.C. In FIR No. 76 dated 03.11.2017 under Section 21 of NDPS Act, 1985, P.S. Khem Karan, District Tarn Taran.
2. Notice of motion.
3. Mr. J.P. Ratra, DAG, Punjab accepts notice on behalf of the respondent-State.
4. It is the case of counsel for the petitioner that the petitioner was released on regular bail on 22.12.2017 (Annexure P-2). He had been appearing before the Trial Court consistently. However, he could not appear on 02.04.2021, due to which, non-bailable warrants were issued for 04.05.2021. He filed anticipatory bail application, which was listed before the same Court and was declined on 18.05.2021 (Annexure P-5) on the ground that the petitioner should approach the superior Court.
5. Counsel has, thus, submitted that the bonafides of the petitioner, as such, are apparent as he immediately approached the Court and is willing to appear on the next date of hearing, which is stated to be 01.07.2021.
6. Keeping in view the above facts, the present petition for grant of anticipatory bail to the petitioner is allowed. The petitioner shall put in appearance before the Trial Court on 01.07.2021, who shall take fresh bail bonds from the petitioner and shall not enforce the order of arrest dated 02.04.2021 (Annexure P-3). It is made clear that in case the petitioner does not appear on 01.07.2021, the benefit granted to the petitioner shall automatically stand vacated.
Petition allowed.
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