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High Court of Punjab and HaryanaCRM-M/31335/2025allowed

Sukhbir Alias Bhutia v. State Of Haryana

2025-07-15Mrs. Justice Sukhvinder Kaur2 pages

CRM-M-31335-2025 

       CRM-M-31335-2025 (O&M)  

  !"#!$"$ Sukhbir @ Bhutia

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM : HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

Mr. Harshit Ahuja, Advocate for the petitioner. Mr. Arjun Lakhanpal, Addl. A.G. Haryana.

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 (!) *+ CRM-26677-2025 Prayer in this application is for placing on record all the zimni orders in the main case as Annexure P-5 to P-48. Allowed as prayed for. Copy of zimni orders as Annexures P-5 to P-48 are taken on record, subject to all just exceptions. CRM-M-31335-2025 Present petition has been filed under Section 528, BNSS, 2023, for quashing of order dated 28.03.2025, passed by learned Additional Sessions Judge, Fatehabad, in case No.SC-47-2021, in FIR No.236 dated 18.07.2020 under Section 25 of Arms Act, 1959, Sections 398 and 401 of IPC, registered at Police Station Bhuna, District Fatehabad, vide which bail orders of the petitioner were cancelled and bail bonds were forfeited to state JYOTI 2025.07.15 14:53 I attest to the accuracy and integrity of this document

CRM-M-31335-2025 and non-bailable warrants have been issued against the petitioner. The relevant facts of the present case for adjudication are that the petitioner is facing trial in the afore-said case and had been granted bail by this Court on 13.09.2021. On 28.03.2025, the petitioner became absent before the trial Court and his non-bailable warrants were ordered to be issued by the trial Court and his bail bonds and surety bonds were cancelled and forfeited to State.

It has been contended by learned counsel for the petitioner that earlier the petitioner was regularly appearing before the trial Court. The absence of the petitioner was neither intentional nor deliberate. Learned counsel has submitted that the petitioner is ready to surrender before the trial Court. Therefore, the impugned order dated 28.03.2025 be set aside. Heard.

Considering the facts and circumstances of the present case and taking note of the fact that trial of the case is likely to take time and no useful purpose is likely to be served by sending him behind the bars, the impugned order dated 28.03.2025 is set aside. The petitioner is directed to surrender and appear before the trial Court within 10 days and on doing so, he would be released on bail on furnishing his fresh bail/surety bonds to the satisfaction of the Court concerned and with the undertaking to appear regularly before the trial Court on each and every date of hearing, subject to depositing of Rs.8,000/- with DLSA, Fatehabad. Disposed of in the aforesaid terms.

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  JYOTI 2025.07.15 14:53 I attest to the accuracy and integrity of this document