Davinder Singh Gambhir v. M/S K B Paper Mart

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 26.05.2026 Davinder Singh Gambhir ... Petitioner Vs.

M/s KB Paper Mart ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Arsh Bir, Advocate, for the petitioner.

---- MANISHA BATRA, J. (Oral) 1.

The instant petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking quashing of order dated 11.12.2025 passed by the Court of learned Judicial Magistrate 1st Class, Ludhiana in Criminal Complaint No.COMA-44-2025 titled as M/s KB Paper Mart v. M/.s Neha Packagings and another, whereby, the learned trial Court had admitted the petitioner to bail subject to his furnishing personal bonds in the sum of Rs.5,30,000/- with one surety in the like amount. 2.

It is submitted by learned counsel for the petitioner that the amount of surety bonds directed to be furnished by the petitioner is

-2exorbitantly high and he is not in a position to furnish the same. It is, therefore, argued that the impugned order may be quashed and be modified and the amount of the bonds to be furnished by the petitioner may be ordered to be reduced.

3.

A perusal of the material placed on record reveal that the petitioner has been ordered to be summoned to face trial for commission of offence punishable under Section 138 of the Negotiable Instruments Act and as on 11.12.2025, he had surrendered before the learned trial Court and was ordered to be admitted to bail on his furnishing personal as well as surety bonds to the tune of Rs.5,30,000/-. The petitioner had furnished personal bonds. The amount of Rs.5,30,000/- which is ordered to be furnished by way of surety bonds is quite high. It is well settled that bail conditions must be proportionate and be reasonable to ensure justice and fairness to secure the appearance of the accused at the trial without comprising his fundamental rights. In this regard, reliance can be placed upon the observations made by this Court in Heavent Sudhir Malhotra and others v. Shree Naina Plastics Inc, Law Finder Doc Id # 1621331 and Saraswati Devi v. Harvinder Singh Sodhi, 2025 NCPHHC 12563. 4.

In view of the above discussion, the order dated 11.12.2025 as passed by the learned trial Magistrate is hereby modified and it is directed that the petitioner shall furnish surety bonds to the tune of Rs.50,000/- only within a period of 15 days from today before the learned

-3trial Court. He has already furnished personal bonds. 5.

The petition stands disposed of accordingly.

(MANISHA BATRA) 26.05.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No