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2025 DAILYLAW 104355 (PNJ)

MALKIT SINGH ALIAS MALKEET SINGH v. STATE OF PUNJAB

CRM-M/54657/2025 · 2025-09-26

Shalini Singh Nagpal

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 119 MALKIT SINGH ALIAS MALKEET SINGH STATE OF PUNJAB CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Shalini Singh Nagpal, J 1. passed by learned Additional Sessions Judge, Moga vide which the bail order of the petitioner, in FIR No.251 dated 27.11.2024 under Section IPC 1860, Police Station City Moga, District Moga, was cancelled and his bail bonds and surety bonds stood forfeited to the State. 2. was serving in the Army. On the previous date of hearing i.e. 06.08.2025, moved an application for exemption from personal appearance, which learned trial Court was fixed before learned Additional Sessions Judge, Moga, he was posted in Kashmir and further submits that petitioner was unwell on that day and, therefore, could not even intimate his counsel. He further states that a compromise reached in the case and the prosecutrix had already made a statement in favour of the petitioner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MALKIT SINGH ALIAS MALKEET SINGH VERSUS STATE OF PUNJAB CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Mr. A.S. Barnala, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG Punjab. *** Shalini Singh Nagpal, J. (Oral) Petitioner seeks quashing of impugned order dated 27.08.2025 passed by learned Additional Sessions Judge, Moga vide which the bail of the petitioner, in FIR No.251 dated 27.11.2024 under Section IPC 1860, Police Station City Moga, District Moga, was cancelled and his bail bonds and surety bonds stood forfeited to the State. Learned counsel for the petitioner submits that the petitioner was serving in the Army. On the previous date of hearing i.e. 06.08.2025, moved an application for exemption from personal appearance, which learned trial Court allowed for that day only. On was fixed before learned Additional Sessions Judge, Moga, he was posted in Kashmir and could not appear in the Court as he further submits that petitioner was unwell on that day and, therefore, could even intimate his counsel. He further states that a compromise reached in the case and the prosecutrix had already made a statement in favour of the petitioner. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-54657-2025 Date of decision: 26.09.2025 MALKIT SINGH ALIAS MALKEET SINGH …PETITIONER ...RESPONDENT CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Mr. Kunwarbir Singh, AAG Punjab. Petitioner seeks quashing of impugned order dated 27.08.2025 passed by learned Additional Sessions Judge, Moga vide which the bail of the petitioner, in FIR No.251 dated 27.11.2024 under Section 376 IPC 1860, Police Station City Moga, District Moga, was cancelled and his bail bonds and surety bonds stood forfeited to the State. Learned counsel for the petitioner submits that the petitioner was serving in the Army. On the previous date of hearing i.e. 06.08.2025, he moved an application for exemption from personal appearance, which allowed for that day only. On 27.08.2025, when the case was fixed before learned Additional Sessions Judge, Moga, he was posted in could not appear in the Court as he was not allowed leave. He further submits that petitioner was unwell on that day and, therefore, could even intimate his counsel. He further states that a compromise was reached in the case and the prosecutrix had already made a statement in Date of decision: 26.09.2025 Petitioner seeks quashing of impugned order dated 27.08.2025 passed by learned Additional Sessions Judge, Moga vide which the bail 376 IPC 1860, Police Station City Moga, District Moga, was cancelled and his Learned counsel for the petitioner submits that the petitioner he moved an application for exemption from personal appearance, which 27.08.2025, when the case was fixed before learned Additional Sessions Judge, Moga, he was posted in leave. He further submits that petitioner was unwell on that day and, therefore, could was reached in the case and the prosecutrix had already made a statement in HARPREET SINGH CHAUHAN 2025.09.26 19:31 I attest to the accuracy and integrity of this document CRM-M-54657 3. 4. respondent-State 5. the only course available to the petitioner is to join the proceedings of the case, so that it can be of the case, petitioner is directed to Sessions Judge, Moga on the next date of hearing i.e. 01.10.2025. In case, an application for regular bail is moved, learned Trial Court sh same expeditiously, preferably on the same day. Till then, no coercive steps shall be taken against the petitioner. 6. 26.09.2025 harpreet 54657-2025 Notice of motion. Mr. Kunwarbir Singh, AAG P State and opposes the prayer. Though, there is no apparent illegality in the impugned order, the only course available to the petitioner is to join the proceedings of the case, so that it can be taken to its logical end. of the case, petitioner is directed to surrender Sessions Judge, Moga on the next date of hearing i.e. 01.10.2025. In case, an application for regular bail is moved, learned Trial Court sh same expeditiously, preferably on the same day. Till then, no coercive steps shall be taken against the petitioner. Disposed of, accordingly. Whether Speaking/Reasoned : Whether Reportable : -2- r. Kunwarbir Singh, AAG Punjab accepts on behalf of the Though, there is no apparent illegality in the impugned order, the only course available to the petitioner is to join the proceedings of the gical end. In the facts and circumstances surrender before learned Additional Sessions Judge, Moga on the next date of hearing i.e. 01.10.2025. In case, an application for regular bail is moved, learned Trial Court shall decide the same expeditiously, preferably on the same day. Till then, no coercive steps (SHALINI SINGH NAGPAL) JUDGE Yes/No Yes/No unjab accepts on behalf of the Though, there is no apparent illegality in the impugned order, the only course available to the petitioner is to join the proceedings of the In the facts and circumstances before learned Additional Sessions Judge, Moga on the next date of hearing i.e. 01.10.2025. In case, an all decide the same expeditiously, preferably on the same day. Till then, no coercive steps ) HARPREET SINGH CHAUHAN 2025.09.26 19:31 I attest to the accuracy and integrity of this document