High Court of Punjab and HaryanaCRM-M/16413/2025allowed

Raunak Agarwal v. State Of Haryana And ANR

2025-04-03Mr. Justice H.S. Grewal2 pages

CRM-M No.16418 of 2025 -1- 125-1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.16418 of 2025 Date of decision: 03.04.2025 Raunak Aggarwal .....Petitioner

Versus

State of Haryana and Another .....Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Sayyam Garg, Advocate for the petitioner. ***

The petitioner in the present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is seeking quashing of order dated 04.03.2025 and 11.02.2025 (Annexure P-1) passed by JMIC concerned in case bearing No. NACT/7613/2018 titled as 'Indiabulls Housing Finance Limited Vs. Raunak Aggarwal" vide which non bailable warrants against the petitioner were issued .

Learned counsel for the petitioner states that the petitioner was hospitalized and an application for exemption of appearance was moved by his counsel which was dismissed by learned JMIC concerned and thereafter on the same date i.e. 11.12.2024 bailable warrants were issued against the petitioner, however, on 20.12.2024, bailable warrants were stayed on account of report of Naib Court that the petitioner was admitted in the hospital. Further on 11.02.2025 due to severe and multiple medical issues, the petitioner again could not appear and therefore, fresh non bailable warrants against the petitioner. It is stated that since the Court was on leave on 10.01.2025, the petitioner was not aware of the Sonia Puri 2025.04.08 12:18 I attest to the accuracy and integrity of this document

CRM-M No.16418 of 2025 -2- subsequent dates and also on account of medical issues, he could not appear and the impugned orders dated 11.02.2025 and 04.03.2025 were passed whereby non bailable warrants against the petitioner were issued. He further submits that the petitioner is willing and ready to appear, and surrender before the Court concerned. Hence, in the aforementioned facts and circumstances, the petitioner prays that directions be issued to the Trial Court that his bail application, which he would be filing subsequent to his surrender, be decided expeditiously. 3.

I have heard learned counsel for the parties and perused the material placed on record.

In view of the limited prayer made by the learned counsel for the petitioner, this Court deems it appropriate to decide this case without issuing notice to respondent No.2, the order dated 04.03.2025 and 11.02.2025 passed by the learned Judicial Magistrate Ist Class,Gurugram is ordered to be set aside. The petitioner is directed to surrender before the learned trial Court within 15 days from the date of receipt of certified copy of this order and on his doing so, he be released on bail to the satisfaction of learned trial Court subject to payment of Rs.5,000/- as costs to be paid to the complainant. 7.

Accordingly, the petition stands allowed. 03rd April, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/ reasoned : Yes / No Whether reportable : Yes / No Sonia Puri 2025.04.08 12:18 I attest to the accuracy and integrity of this document