Harvinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-33322-2025 Date of decision:01.07.2025 Harvinder Singh ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MRS. JUSTICE MANISHA BATRA.

Present:

Mr. Vishal Sharma, Advocate for the petitioner. ...

MANISHA BATRA, J. (ORAL).

1.

The present petition has been filed under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of order dated 27.02.2025 (Annexure P-4) passed by learned Additional District and Sessions Judge, Hoshiarpur in case arising out of FIR No.5 dated 16.01.2020, under Sections 379-B, 34 IPC (Section 411 IPC added lateron), registered at Police Station Garhdiwal, District Hoshiarpur, whereby his bail bonds were cancelled by learned trial Court and surety bonds were forfeited to the State.

2.

It is argued by learned counsel for the petitioner that the petitioner had been regularly appearing before the trial Court but only on 27.02.2025 he could not appear due to some miscommunication between his counsel and himself and due to some incomplete instructions, his counsel could not move an application for exempting his appearance before the trial Court. He is ready to join proceedings before the trial Court. His absence HARJEET KAUR 2025.07.02 10:20 I attest to the accuracy and integrity of this document

CRM-M-33322-2025 -2was not intentional. Therefore, he has submitted that the present petition deserves to be allowed.

3.

Notice of motion.

4.

Ms. Himani Arora, learned AAG, Punjab accepts notice and submits that since proclamation has been issued against the petitioner, therefore, the prayer made in the petition deserves to be rejected. 5.

Perusal of record reveals that the petitioner has been regularly appearing before the trial Court and only on 27.02.2025, due to his nonappearance, warrants have been issued against him by learned trial Court. Hnd his absence is not intentional. Therefore, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court on 10.07.2025 and on his surrender, he shall be admitted on bail by learned trial Court subject to his furnishing fresh personal/surety bonds to the satisfaction of the trial Court and subject to his depositing Rs.5000/- with the DLSA, Hoshiarpur as costs.

6.

Disposed of.

(MANISHA BATRA) 01.07.2025 JUDGE harjeet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No HARJEET KAUR 2025.07.02 10:20 I attest to the accuracy and integrity of this document