JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition filed under Sec. 482 of Code of Criminal Procedure, is for setting aside of order dtd. 5/7/2022 (Annexure P-4), whereby, the bail order of the petitioner was cancelled and his bail/surety bonds were forfeited to the State on account of his nonappearance on one date in case FIR No.88 dtd. 12/6/2020 registered at Police Station Dakha under Sec. 61 of the Punjab Excise Act, 1914 and his presence has been ordered to be secured by issuance of non-bailable warrants.

(2.) Learned counsel for the petitioner submits that the petitioner was admitted to bail vide order dtd. 15/6/2020 (Annexure P-2) and he had been attending the Court proceedings regularly. The case was listed before the trial Court on 25/4/2022 when charges were framed and the case was adjourned to 5/7/2022 but on the adjourned date i.e. 5/7/2022, the petitioner could not appear as he wrongly noted the date as 7/7/2022 instead of 5/7/2022. Learned counsel further submits that on 5/7/2022, even the counsel for the petitioner did not appear, hence, the petitionerwas marked absent before the trial Court and his personal bonds and surety bonds were cancelled and forfeited to State. Learned counsel also submits that there was no intention on the part of the petitioner to delay the proceedings and the absence of the petitioner before the trial court was neither intentional nor deliberate but for the aforesaid reason. It is further submitted that the petitioner is suffering from certain ailments like; joint problems and diabetes. It is also stated that the next date before the trial Court is now fixed for 14/12/2022, whereas, as per 'Marriage Invitation Card' (Annexure P-6), the marriage of son of the petitioner is fixed for 9/12/2022. He further submits that the petitioner is ready and willing to surrender before the trial Court and join the proceedings, if he is granted one opportunity to do so. Learned counsel further submits that the petitioner undertakes to appear on each and every date before the trial court and to abide by all the terms and conditions to be imposed by this Court or by the trial Court.

(3.) On advance service of copy of the petition, learned State counsel appears and submits that since the petitioner has jumped the bail and has not followed the conditions of bail, hence, the present petition is liable to be dismissed.