CRM-M-36236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (146) LOVEPREET SINGH ALIAS PREET AND OTHERS STATE OF PUNJAB CORAM: Present: ALOK JAIN, J. (Oral) 1. order dated District and Sessions Judge, Amritsar, whereby been issued against the petitioner in case bearing FIR No.0124 dated 13.09.2020, under Sections 379 of IPC BNS, 2023) and under Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, registered at Police Station Bhindi Saidan, District Amritsar. 2. were granted the concession of bail by the FIR No. 0124 (Annexures P noted a wrong date of hearing due to which, the petitioners could not appear on 28.04.2026 appearance, their bails were cancelled It is further submitted that petitioners are ready and willing to surrender -1- 36236-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LOVEPREET SINGH ALIAS PREET AND OTHERS Versus STATE OF PUNJAB HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Nitin Narula, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab. **** ALOK JAIN, J. (Oral) The present petition is for quashing order dated 28.04.2026 (Annexure P-5) passed by learned District and Sessions Judge, Amritsar, whereby issued against the petitioner in case bearing FIR No.0124 dated 13.09.2020, under Sections 379 of IPC (corresponding Section 303(2) of BNS, 2023) and under Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, registered at Police Station Bhindi Saidan, District Amritsar. Learned counsel for the petitioner were granted the concession of bail by the learned 0124 (Annexures P-2 and 3) but during the trial, the petitioners had noted a wrong date of hearing due to which, the petitioners could not appear on 28.04.2026. However, on the very first date of their non appearance, their bails were cancelled and the impugned order It is further submitted that petitioners are ready and willing to surrender IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36236-2026 Date of Decision:- 08.07.2026 LOVEPREET SINGH ALIAS PREET AND OTHERS ……Petitioners ……Respondent ALOK JAIN Mr. Nitin Narula, Advocate for the petitioners. Mr. Amandeep Singh Samra, AAG, Punjab. The present petition is for quashing/setting aside of impugned ) passed by learned Additional District and Sessions Judge, Amritsar, whereby non-bailable warrants have issued against the petitioner in case bearing FIR No.0124 dated (corresponding Section 303(2) of BNS, 2023) and under Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, registered at Police Station Bhindi Saidan, Learned counsel for the petitioners submits that the petitioners learned trial Court in the present 2 and 3) but during the trial, the petitioners had noted a wrong date of hearing due to which, the petitioners could not However, on the very first date of their non- and the impugned order was passed. It is further submitted that petitioners are ready and willing to surrender 08.07.2026 ……Petitioners ……Respondent impugned Additional have issued against the petitioner in case bearing FIR No.0124 dated (corresponding Section 303(2) of BNS, 2023) and under Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, registered at Police Station Bhindi Saidan, s trial Court in the present 2 and 3) but during the trial, the petitioners had noted a wrong date of hearing due to which, the petitioners could not - was passed. It is further submitted that petitioners are ready and willing to surrender MANJU 2026.07.08 13:02 I attest to the accuracy and integrity of this document CRM-M-36236 before the learned trial Court and join proceedings, if th opportunity to do so. Learned counsel further submits that the petitioners undertakes to appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Court or by learned trial Court. 3. advance notice, submits that the absence of the petitioner procrastinated the trial and, hence, the order is well within the legal parameters. Learned State counsel further su fixed before the learned trial Court on 12.08.2026 for further proceedings. 4. motion will further procrastinate the trial, the present petition is adjudicated in light of the judgment passed by the Hon’ble Apex Court in the case of “Krishna Sharma @ Krishna Kumar Sharma V Bengal and another” which reads as under: 5. appearing before the learned trial Court but on 28.04.2026, -2- 36236-2026 before the learned trial Court and join proceedings, if th opportunity to do so. Learned counsel further submits that the petitioners undertakes to appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Court or trial Court. Learned State counsel appearing on behalf of the State on advance notice, submits that the absence of the petitioner procrastinated the trial and, hence, the order is well within the legal parameters. Learned State counsel further su fixed before the learned trial Court on 12.08.2026 for further proceedings. Considering the order to be passed, and issuance of notice of motion will further procrastinate the trial, the present petition is adjudicated in light of the judgment passed by the Hon’ble Apex Court in the case of “Krishna Sharma @ Krishna Kumar Sharma V Bengal and another” SLP (Crl.) No. 12829 of 2023, which reads as under: “However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence.” Keeping in view the fact that the petitioner appearing before the learned trial Court but on 28.04.2026, before the learned trial Court and join proceedings, if they are granted one opportunity to do so. Learned counsel further submits that the petitioners undertakes to appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Court or Learned State counsel appearing on behalf of the State on advance notice, submits that the absence of the petitioners has procrastinated the trial and, hence, the order is well within the legal parameters. Learned State counsel further submits that the matter is now fixed before the learned trial Court on 12.08.2026 for further proceedings. Considering the order to be passed, and issuance of notice of motion will further procrastinate the trial, the present petition is adjudicated in light of the judgment passed by the Hon’ble Apex Court in the case of “Krishna Sharma @ Krishna Kumar Sharma Vs. The State of West SLP (Crl.) No. 12829 of 2023, the relevant extract of However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found person who has been granted the benefit of bail has violated any of the conditions or misused the liberty luencing the witnesses or tampering with the Keeping in view the fact that the petitioners were regularly appearing before the learned trial Court but on 28.04.2026, they could not granted one opportunity to do so. Learned counsel further submits that the petitioners undertakes to appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Court or Learned State counsel appearing on behalf of the State on has procrastinated the trial and, hence, the order is well within the legal bmits that the matter is now Considering the order to be passed, and issuance of notice of motion will further procrastinate the trial, the present petition is adjudicated in light of the judgment passed by the Hon’ble Apex Court in the case of s. The State of West the relevant extract of regularly could not MANJU 2026.07.08 13:02 I attest to the accuracy and integrity of this document CRM-M-36236 appear as they on their part to remain absent. Moreover, the petitioners are ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. Therefore, i prejudice shall be caused to any party, rather their joining the proceedings would ensure finalization of proceedings. 6. law as laid down by the Hon’ble Apex Court cited supra directed to surrend considering the fa multiple cases of similar in nature be released on bail of at least Rs.1,50,000/ Magistrate concerned. 7. and the petitioner deposited with the concerned DLSA before the learned trial Court. the petitioners are found is directed to immediately file appropriate application for cancellation of bail in the earlier FIR as well. July 08, 2026 manju Whether speaking/reasoned: Whether Reportable: -3- 36236-2026 they wrongly noted the date, it appears that ther part to remain absent. Moreover, the petitioners are ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. Therefore, in case, one opportunity is granted to the petitioners, no prejudice shall be caused to any party, rather their joining the proceedings would ensure finalization of proceedings. In light of the above factual matrix and considering the ratio of down by the Hon’ble Apex Court cited supra directed to surrender before the trial Court on considering the fact that the petitioners are habitual offenders and have multiple cases of similar in nature registered against them be released on bail after furnishing of bail bonds and of at least Rs.1,50,000/- each to the satisfaction of trial Court/CJM/Duty Magistrate concerned. In light of the above, the present and the petitioners are imposed with a cost of Rs. with the concerned DLSA before the learned trial Court. the petitioners are found to be involved in any other case after today, the State is directed to immediately file appropriate application for cancellation of bail in the earlier FIR as well. July 08, 2026 Whether speaking/reasoned:- Yes/No Reportable:- Yes/No wrongly noted the date, it appears that there was no intention part to remain absent. Moreover, the petitioners are ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. ase, one opportunity is granted to the petitioners, no prejudice shall be caused to any party, rather their joining the proceedings In light of the above factual matrix and considering the ratio of down by the Hon’ble Apex Court cited supra, the petitioners are the trial Court on 12.08.2026, however, further t that the petitioners are habitual offenders and have registered against them, they shall only bail bonds and heavy surety bonds to the satisfaction of trial Court/CJM/Duty In light of the above, the present petition stands disposed of imposed with a cost of Rs.25,000/-(each) to be with the concerned DLSA before the learned trial Court. In case, in any other case after today, the State is directed to immediately file appropriate application for cancellation of bail (ALOK JAIN) JUDGE e was no intention part to remain absent. Moreover, the petitioners are ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. ase, one opportunity is granted to the petitioners, no prejudice shall be caused to any party, rather their joining the proceedings In light of the above factual matrix and considering the ratio of are further t that the petitioners are habitual offenders and have only surety bonds to the satisfaction of trial Court/CJM/Duty petition stands disposed of to be In case, in any other case after today, the State is directed to immediately file appropriate application for cancellation of bail MANJU 2026.07.08 13:02 I attest to the accuracy and integrity of this document