AFZAL AHMED Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 482 Cr.P.C. seeking cancellation of NBWs issued against the petitioner and for setting aside of the impugned order dtd. 22/12/2021.

(2.) It is submitted by the counsel for the petitioner that the matter was listed for hearing on 22/12/2021 before the trial court but the petitioner could not appear before the trial court timely and at 11.30 am the trial court issued non bailable warrants against the petitioner and also forfeited the bonds. The petitioner at around 12.30 pm appeared before the trial court, and moved an application for cancellation of his warrants on the ground that he got late because his motorcycle went out of order, so he could not reach the court on time. It is further submitted by the counsel for the petitioner that non-appearance of the petitioner on time was neither intentional nor deliberate, however he was diligent and has moved the application for cancellation of warrants on the very same day in pre-lunch session. It is further submitted by the counsel for the petitioner that petitioner was taken into custody by the learned trial court.

(3.) I have perused the order dtd. 22/12/2021. The impugned order reads as follows:-