Punjab-Haryana High Court
Raminder Kaur vs State Of Punjab on 20 September, 2016
107 CRM-27852 of 2016 in
CRM-M-315 of 2016
RAMINDER KAUR VS STATE OF PUNJAB
Present: Mr. Vivek Salathia, Advocate,
for the applicant-petitioner.
***
Notice of application to the State.
At the asking of Court, Mr. RPS Sidhu, AAG, Punjab accepts notice on behalf of respondent-State. Copy of the application be supplied to learned State counsel during the course of day.
By virtue of instant application moved under Section 482 Cr.P.C., petitioner-Raminder Kaur has sought setting aside of order dated June 02, 2016 (Annexure A-3) vide which, the learned Judicial Magistrate Ist Class, Amritsar has cancelled her bail bonds/surety bonds and forfeited to the State.
Undisputably, petitioner furnished the requisite bail bonds before the learned Magistrate in compliance of order dated February 01, 2016 and deposited a sum of Rs.2.5 lacs. But subsequently, when the papers were fixed for awaiting the presentation of report under Section 173(2) Cr.P.C., the petitioner could not appear on June 02, 2016 due to unavoidable circumstances, as a result of her non-appearance, her interim bail was cancelled. She was ordered to be summoned through non-bailable warrants. Though, the challan has not been presented and is being awaited, the petitioner has been appearing on each & every date of hearing. In such circumstances, learned Magistrate should have taken a lenient view. He was required to issue the process, if at all, and not to adopt the coercive method for securing her presence.
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CRM-27852 of 2016 in --2--
CRM-M-315 of 2016
Thus, this Court is of the considered view that order dated June 02, 2016 passed by the trial Court being unsustainable is set aside. The order dated February 01, 2016 shall enure till 7th of October, 2016, the date fixed in the main petition before this Court. However, petitioner is directed to appear/surrender before the learned trial Court/Duty Magistrate within 7 days on the receipt of a certified copy of this order and furnish fresh bail bonds at its satisfaction.
September 20, 2016 (JASPAL SINGH)
Avin/Ankur JUDGE
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