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High Court of Punjab and HaryanaCRM-M/29684/2026disposed of

Abhi Alias Onkar v. State Of Punjab

2026-05-22Mr. Justice Rajesh Bhardwaj3 pages

CRM-M No.29684 of 2026 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.29684 of 2026 Date of decision: 22.05.2026 Abhi @ Onkar .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***** Present :- Mr. Manoj R. Sharma, Advocate for the petitioner.

**** RAJESH BHARDWAJ , J. (Oral) 1.

Present petition has been filed praying for quashing of order dated 04.04.2026 (Annexure P-3) in which arrest warrants were issued against the petitioner and order dated 08.05.2026 (Annexure P-5) in which proclamation was issued against the petitioner in case bearing FIR No.156, dated 19.10.2024, under Sections 221, 132, 121(1), 262, 263(a)/61(2) of BNS, registered at Police Station Dinanagar, District Gurdaspur qua the petitioner.

2.

Learned counsel for the petitioner has submitted that the petitioner was falsely prosecuted in a case bearing FIR No.156, dated 19.10.2024, under Sections 221, 132, 121(1), 262, 263(a)/61(2) of BNS, registered at Police Station Dinanagar, District Gurdaspur. He has submitted that after registration of the FIR, the petitioner was granted the concession of regular bail by this Hon'ble Court vide order dated

granting the concession of regular bail by this Court, the petitioner was regularly appearing before the learned trial Court. He has submitted that on one date, i.e. on 04.04.2026, the petitioner could not appear before the learned trial Court and thus, his bail order was cancelled and bail bonds/ surety bonds were forfeited to the State. He has further submitted that non bailable warrant of arrest was also issued against the petitioner. He has further submitted that thereafter proclamation was also issued against the petitioner vide order dated 08.05.2026. He has submitted that inadvertently, the petitioner has noted the next date of hearing wrongly as 04.05.2026 instead of 04.04.2026. He has submitted that absence of the petitioner was bona fide and not intentional. He has further submitted that the petitioner is ready to appear before the learned trial Court and abide by the terms and conditions imposed upon him.

3.

Notice of motion.

4.

On the asking of the Court, Mr. Ekompal Sagoo, AAG, Punjab appears and accepts notice on behalf of the respondent-State. He, on the other hand, has contended that bail order of the petitioner was rightly cancelled by the learned trial Court and non bailable warrant of arrest and proclamation was issued against him, as he failed to appear in the Court without any valid reason.

5.

I have heard counsel for the parties and perused the record. 6.

It is apparent that the petitioner was prosecuted in a case bearing FIR No.156, dated 19.10.2024, under Sections 221, 132, 121(1), 262, 263(a)/61(2) of BNS, registered at Police Station Dinanagar, District Gurdaspur, in which, he was already granted the concession of regular bail

Due to non-appearance of the petitioner before the learned trial Court, his bail order was cancelled and bail bonds/surety bonds were forfeited to the State. Non bailable warrant of arrest was also issued against the petitioner. Thereafter, the proclamation was also issued against the petitioner vide order dated 08.05.2026. The reason given by the petitioner for his absence is that he was noted the wrong date as 04.05.2026 instead of 04.04.2026. As the petitioner is keen to join the proceedings, so keeping in view the abovesaid facts, the present petition stands disposed of and the impugned orders dated 04.04.2026 and 08.05.2026 are hereby set aside.

In case, the petitioner appears and surrenders before the Court concerned within a period of 07 days from the date of receipt of certified copy of this order and files an application for bail, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. The petitioner will have protection from arrest for a period of 07 days from the date of receipt of certified copy of this order. 7.

Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and orders under challenge dated 04.04.2026 and 08.05.2026 would come in force and the present petition would be deemed to have been dismissed.

(RAJESH BHARDWAJ) 22.05.2026 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No