Vikas v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision: 24.12.2024 VIKAS .... PETITIONER V/S STATE OF HARYANA .... RESPONDENT CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Virender Kumar, Advocate for the petitioner.

Mr. Ashok Kumar Sehrawat, DAG, Haryana.

**** JAGMOHAN BANSAL, J. (Oral) 1.

Through instant petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short 'BNNS'), the petitioner is seeking quashing of order dated 17.07.2024 (Annexure P-6) passed by learned Judicial Magistrate 1st Class, Karnal whereby bail bond and surety bond furnished by him have been cancelled and warrant of arrest has been issued against him.

2.

Learned counsel for the petitioner contends that petitioner was released on regular bail and thereafter regularly appeared before learned trial Court. The alleged offence is bailable. 3.

Intent of arrest and reason of denial of bail is to secure the appearance of the accused at the time of trial. A person who seeks to be liberated must take judgment and serve sentence in the event of his conviction. The nature of the crime charged, severity of punishment

prescribed, prime facie available evidences, history & background of the accused may indicate that any amount of bond and surety is not going to secure presence of accused, at the time of conviction. 4.

Keeping in mind:

i.

The object of cancellation of bond or declaration of anyone as proclaimed offender/person is to secure his presence. The petitioner has come forward to face trial and undertakes to appear before trial Court on each and every date, thus, his presence would meet ends of justice; ii.

The Petitioner is ready to furnish bond/surety to the satisfaction of the trial Court;

iii.

The Petitioner is not involved in any other offence; iv.

The petitioner is resident of Sonipat and trial is pending at Karnal, thus, jurisdictional Court and police authorities have direct access over his activities;

v.

The petitioner was initially granted regular bail by trial Court and thereafter on many dates appeared before trial Court;

vi.

The petitioner is accused of commission of bailable offence.

vii.

Trial is pending since 2022 and petitioner is ready to face trial, thus, no prejudice is going to cause to prosecution or complainant;

this court is of the considered opinion that present petition needs to be allowed, and accordingly, petition is allowed. The petitioner is directed to appear before trial Court on 14.01.2025 and furnish fresh bail bond/surety

bond to its satisfaction.

5.

Disposed of.

24.12.2024 (JAGMOHAN BANSAL) anju JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No