Kamal Alias Jhota v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-30244-2025 Date of decision: July 1st, 2025 Kamal @ Jhota .....Petitioner

Versus

State of Haryana .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Kushager Goyal, Advocate for the petitioner.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition is for quashing the order dated 29.04.2025 (Annexure P-4) passed by the trial Court vide which his bail has been cancelled and non-bailable warrant of arrests have been issued against him in FIR No.410 dated 23.06.2023 under Sections 21(b), 29 of The NDPS Act registered at Police Station Sirsa City. 2.

Learned counsel for the petitioner submits that the petitioner had been regularly appearing before the trial Court on each and every date of hearing following the grant of bail to him on 21.02.2024. Inadvertently, the trial Court adjourned the case to a Sunday as a result of which the petitioner failed to appear before the trial Court not only on the given date but even the date adjourned thereafter.

3.

On a pointed query, it has been submitted that after the petitioner absented himself before the trial Court in the present case, the petitioner had not been involved in any other criminal case. PUNEET SACHDEVA 2025.07.01 12:36 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-30244-2025 -24.

Learned counsel for the petitioner submits that the petitioner is ready and willing to appear and surrender before the trial Court and therefore, he be protected till then and directions be given to the trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously.

5.

Notice of motion.

6.

On asking of the Court, Mr. Rahul Mohan, Additional Advocate General, Haryana, accepts notice on behalf of the respondent.

7.

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

8.

In view of the limited prayer made by the learned counsel for the petitioner, the petition is disposed of with direction to the petitioner to appear and surrender before the trial Court within a period of seven days from today. Till then, no coercive steps shall be taken against the petitioner. This shall, however, be subject to payment of costs in the sum of `5,000/- to be deposited with the concerned District Legal Services Authority.

9.

It is made clear that in case, the petitioner fails to surrender before the trial Court within seven days from today, this order shall be of no avail to him, thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. July 1st, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.07.01 12:36 I attest to the accuracy and authenticity of this document Chandigarh