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High Court of Punjab and HaryanaCRM-M/15069/2025allowed

Jaswinder Singh Alias Gagan And ANR v. State Of Punjab

2025-03-20Mr. Justice H.S. Grewal2 pages

CRM-M No.15069 of 2025 -1-    137 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.15069 of 2025 Date of decision: 20.03.2025 Jaswinder Singh and Another .....Petitioners

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. K.S. Brar, Advocate for the petitioners.

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 1.

The petitioners in the present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 are seeking quashing of order dated 31.01.2025 (Annexure P-2) passed in case FIR No.17 dated 04.04.2024, under Sections 379-B, 411 and 201 of IPC, 1860 registered at Police Station Lakhewali, District Sri Muktsar Sahib.

2.

Learned counsel for the petitioners contends that the petitioners were facing trial in the aforesaid FIR. He further contends that the petitioners failed to appear before the Court on 31.01.2025 since earlier the date of hearing before the trial Court was fixed for 06.01.2025 but the case was taken up on 04.01.2025 which was adjourned for 31.01.2025. Due to misunderstanding, they had failed to note down the correct date of hearing i.e. 31.01.2025. Therefore, on 31.01.2025, they did not appear and for their non appearance before the trial Court proceedings, their bail bonds/surety bonds were cancelled and forfeited to the State and non bailable warrants were issued against them. He further submits that the petitioners Sonia Puri 2025.03.20 17:18 I attest to the accuracy and integrity of this document

CRM-M No.15069 of 2025 -2-   are willing and ready to appear, and surrender before the Trial Court. Hence, in the aforementioned facts and circumstances, the petitioners pray that directions be issued to the Trial Court that their bail application(s), which they would be filing on their surrender, be decided expeditiously. 3.

Notice of motion.

4.

On the asking of the Court, Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice behalf of the respondent-State. 5.

In view of the limited prayer made by the learned counsel for the petitioners, the instant petition is disposed of subject to the condition that the petitioners shall appear and surrender before the trial Court within 07 days from today and also on deposit of Rs.10,000/- each to the District Legal Services Authority concerned. Till then, no coercive steps shall be taken against the petitioners.

6.

It is made clear that in case, the petitioners fail to surrender before the Trial Court within 07 days from today, this order shall be of no avail to them, thereafter. In case, on appearance and surrender, the petitioners move an application for bail, the Trial Court shall make earnest efforts to decide it expeditiously, in accordance with law.

7.

The petition stands disposed of.

20th March, 2025 (H.S. GREWAL) Sonia Puri JUDGE  Whether speaking/ reasoned : Yes / No Whether reportable : Yes / No  Sonia Puri 2025.03.20 17:18 I attest to the accuracy and integrity of this document