Suresh Kumar v. State Of Haryana And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
 (O&M) Date of Decision: 28.03.2023   ....Petitioner

Versus

    

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Sushil Bhardwaj, Advocate for the petitioner.

    

     HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 482 of the Code of Criminal Procedure, is for quashing of order dated 05.08.2022 (Annexure P-3) passed by learned Additional Sessions Judge, Karnal, whereby, the bail order of the petitioner has been cancelled and his bail/surety bonds were forfeited to the State in CRA No.25 of 2018 arising from Criminal Complaint No.1749 dated 11.07.2016 titled as Arjun Sharma vs Suresh Kumar.

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 "% on 05.08.2022, he could not appear before the Court below as his car got stuck in heavy rain whereupon his counsel moved an application seeking exemption from personal appearance, however the same was not allowed by Lower Appellate Court and consequently his bail was cancelled and his bail bonds/surety bonds were also cancelled and forfeited to the State and non-bailable warrants were also ordered to be issued against him by the Lower Appellate Court. Learned counsel submits that there was no intention on the part of petitioner to delay the proceedings and his absence before the court below was neither intentional nor deliberate but for the aforesaid reason. Learned counsel further submits that the petitioner is ready and willing to surrender before the Lower Appellate 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 court below and to abide by all the terms and conditions to be imposed by this Court or by the Lower Appellate Court.

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# In view of the above, the present petition is disposed of with a direction to the petitioner to surrender before the Lower Appellate Court within three weeks from today by furnishing an undertaking before the Court below that he would attend the Court proceedings regularly and will not leave the country without prior permission of the Court and abide by all terms and conditions to be imposed by the Lower Appellate Court. In case, the petitioner surrenders before the Court below then he be released upon his furnishing fresh surety bonds/bail bonds to its satisfaction subject to payment of cost of Rs. 10,000/- to be deposited in the concerned District Legal Services Authority.

However, the concerned Station House Officer shall be

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informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer.

Disposed of in the above-said terms.

28.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No