Ravi Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-60864-2024 Date of decision: 05.12.2024 RAVI KUMAR ....Petitioner V/s STATE OF HARYANA ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Pradeep Chhoker, Advocate, for the petitioner. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner in the present petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is seeking quashing of order dated 10.04.2023 (Annexure P-3) passed by learned Judicial Magistrate, Ist Class, Rewari, whereby the bail orders of the petitioner were cancelled and his personal bonds were forfeited in case FIR No.101 dated 06.02.2020, under Sections 420 and 406 of the IPC, registered at Police Station Model Town, Rewari, District Rewari. 2.

Learned counsel for the petitioner submits that the petitioner had absented only on a single date before the learned trial Court and that too on account of the fact that he is 100 per cent physically disabled and requires some attendant to accompany him for the Court proceedings. It has been submitted that on the said date i.e. 10.04.2023 since the petitioner was unable to arrange for any attendant, he was unable to appear before the trial Court concerned and join proceedings. Learned counsel further submits that the petitioner is willing and ready to appear, and surrender before the POONAM RATHORE 2024.12.05 18:32 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-60864-2024 -2Trial Court. Hence, in the aforementioned facts and circumstances, the petitioner be protected till his appearance before the Trial Court, and directions be given to the Trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously. 3.

Notice of motion.

4.

On asking of the Court, Ms. Trishanjali Sharma, DAG, Haryana, accepts notice on behalf of respondent-State. 5.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with the following terms: "The petitioner is to appear and surrender before the trial Court within 07 days from today. Till then, no coercive steps be taken against the petitioner. This is contingent upon the petitioner paying a cost of Rs.05,000/- to be deposited with the District Legal Services Authority concerned." 6.

It is made clear that in case, the petitioner fails to surrender before the Trial Court within 07 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. (MANJARI NEHRU KAUL) JUDGE December 05, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.05 18:32 I attest to the accuracy and authenticity of this document High Court Chandigarh