CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 173 KIRPAL SINGH STATE OF CORAM: HON'BLE MR. JUSTICE Present: SURYA P 1. Nagarik Suraksha Sanhita 12.09.2025 Ambala, abovementioned order, thereof, the his presence 2. 3. Mr. Ramender Singh Chauhan, AAG Haryana respondent/ dispensed with. However, n learned State counsel has opted to orally oppose the present petition -13499-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH KIRPAL SINGH VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Sunpreet Singh, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG Haryana. SURYA PARTAP SINGH, J (ORAL) This is a petition filed under Section 528 of Nagarik Suraksha Sanhita 2023’, seeking 12.09.2025 (Annexure P-3) passed by the hereinafter referred to as ‘trial abovementioned order, the bail of petitioner the bail bonds of the petitioner have been presence in the Court, his warrants of arrest Notice of motion. Since advance notice has already been served upon the State, Mr. Ramender Singh Chauhan, AAG Haryana respondent/State. Hence, service of notice upon the State is hereby dispensed with. However, no formal reply has been filed by learned State counsel has opted to orally oppose the present petition IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13499-2026 (O&M) DECIDED ON: 12.03.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH , Advocate Mr. Ramender Singh Chauhan, AAG Haryana. This is a petition filed under Section 528 of ‘the Bharatiya seeking for quashing of order dated passed by the learned Chief Judicial Magistrate, trial Court’ only. By virtue of tioner was cancelled. As a result of the petitioner have been forfeited and to procure of arrest was issued. Since advance notice has already been served upon the State, Mr. Ramender Singh Chauhan, AAG Haryana accepts notice on behalf of State. Hence, service of notice upon the State is hereby formal reply has been filed by the State and the learned State counsel has opted to orally oppose the present petition. (O&M) .2026 .....PETITIONER .....RESPONDENT ratiya order dated learned Chief Judicial Magistrate, . By virtue of As a result forfeited and to procure Since advance notice has already been served upon the State, ce on behalf of State. Hence, service of notice upon the State is hereby the State and the VINOD KUMAR ARYA 2026.03.17 10:30 I attest to the accuracy and integrity of this document CRM-M- 4. the petitioner 12.09.2025 stuck in heavy flood at Batala, District Gurdaspur for the petitioner, in the abovementioned circumstances, was passed which deserves to be quashed. 5. was not present before the learned trial Court conditions imposed in Court was left with no option but to bonds and issue there is no illegality interference in 6. liberty for the petitioner to an application for bail. a direction to the learned trial Court to dispose of the moved by the petitioner, in a time 7. a direction to the petitioner a period of one month move the the bail application learned trial Court in the exercise of its discretion shall be at liberty to -13499-2026(O&M) 2 It has been contended by learned counsel for the petitioner that the petitioner was regularly appearing before the learned trial Court, 12.09.2025 they could not appear, before stuck in heavy flood at Batala, District Gurdaspur petitioner, in the abovementioned circumstances, was passed which deserves to be quashed. In view of above, once it is an ad not present before the learned trial Court conditions imposed in the bail order, it is hereby held that Court was left with no option but to cancel the bail order, forfeit the bail bonds and issue warrants of arrest against the petitioner no illegality in the abovementioned order, interference in the impugned order. At this stage, learned counsel for the petitioner has sought liberty for the petitioner to surrender before the learned trial Court and move an application for bail. The learned counsel for the petitioner has prayed for a direction to the learned trial Court to dispose of the moved by the petitioner, in a time-bound manner In view of above, the present petition is a direction to the petitioner to surrender before the learned trial Court a period of one month. If he surrenders application for bail, the learned trial Court bail application(s) within three days learned trial Court in the exercise of its discretion shall be at liberty to by learned counsel for the petitioner that regularly appearing before the learned trial Court, but, before the learned trial Court, as he stuck in heavy flood at Batala, District Gurdaspur. As per learned counsel petitioner, in the abovementioned circumstances, the impugned order was passed which deserves to be quashed. In view of above, once it is an admitted fact that the petitioner not present before the learned trial Court, in compliance with the it is hereby held that the learned trial cancel the bail order, forfeit the bail against the petitioner. Since apparently, in the abovementioned order, there is no scope ounsel for the petitioner has sought before the learned trial Court and move counsel for the petitioner has prayed for a direction to the learned trial Court to dispose of the bail application, to be bound manner. In view of above, the present petition is hereby disposed of with surrender before the learned trial Court within before the learned trial Court and the learned trial Court is directed to dispose of s. It is, however, clarified that the learned trial Court in the exercise of its discretion shall be at liberty to take by learned counsel for the petitioner that , on got learned counsel the impugned order itted fact that the petitioner in compliance with the the learned trial cancel the bail order, forfeit the bail Since apparently, there is no scope for ounsel for the petitioner has sought before the learned trial Court and move counsel for the petitioner has prayed for bail application, to be disposed of with within and is directed to dispose of clarified that the take VINOD KUMAR ARYA 2026.03.17 10:30 I attest to the accuracy and integrity of this document CRM-M- the petitioner BNSS (erstwhile Section 446 of CrPC). Vinod -13499-2026(O&M) 3 the petitioner into custody and/or impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). impose penalty under Section 491 of impose penalty under Section 491 of VINOD KUMAR ARYA 2026.03.17 10:30 I attest to the accuracy and integrity of this document