High Court of Punjab and HaryanaCRM-M/17478/2025allowed

Kanhiya Lal v. State Bank Of India

2025-04-01Mr. Justice H.S. Grewal2 pages

CRM-M No.17478 of 2025 -1- 141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.17478 of 2025 Date of decision: 01.04.2025 Kanhiya Lal .....Petitioner

Versus

State Bank of India .....Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Ajay Chaudhary, 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 17.02.2025 (Annexure P-5) passed in criminal appeal filed by the petitioneraccused in CRA No.174 of 2024 titled as Kanhiya Lal Vs. State Bank of India etc. vide which bails bonds and surety bonds of the petitioner were cancelled. 2.

Learned counsel for the petitioner contends that the petitioner had filed an application before the learned Additional Sessions Judge, Hisar with a request to waive off payment of 20% of the compensation amount imposed upon the appellant-accused. He further contends that the petitioners failed to appear before the Court on 17.02.2025 as the petitioner had gone to Mahakumbh. Therefore, on 17.02.2025, he did not appear and for his non appearance before the Appellate Court, his bail bonds/surety bonds were cancelled and forfeited to the State and notice under Section 446 of Cr.P.C. against the surety has been issued for 09.04.2025. He further submits that the petitioner is willing and ready to appear, and surrender before the Court concerned. Hence, in the aforementioned facts and Sonia Puri 2025.04.04 11:47 I attest to the accuracy and integrity of this document

CRM-M No.17478 of 2025 -2- circumstances, the petitioner prays that directions be issued to the Trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously. 3.

In view of the limited prayer made on behalf of the petitioner, no formal notice is required to be issued to the respondent. 4.

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

In view of the above, the instant petition is allowed subject to the condition that the petitioner shall appear and move the Court below within 15 days from today subject to payment of costs of deposit of Rs.10,000/- to the District Legal Services Authority concerned. Since the petitioner was earlier granted bail, therefore, on appearance, the concerned Court shall release the petitioner on bail on the same day, subject to furnishing bail bonds to its satisfaction and imposing reasonable conditions as it may deem appropriate in the background of the petitioner-accused's conduct.

It is made clear that in case, the petitioner fails to surrender before the Court concerned within 15 days from today, this order shall be of no avail to him, thereafter.

01st April, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/ reasoned : Yes / No Whether reportable : Yes / No Sonia Puri 2025.04.04 11:47 I attest to the accuracy and integrity of this document