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2025 DAILYLAW 39640 (PNJ)

AMRITPREET @ AMRITPAL SINGH v. STATE OF HARYANA

CRM-M/18304/2025 · 2025-04-04

N S Shekhawat

Transfer Petitionbody2025

Judgment text

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131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18304-2025 Date of Decision:04.04.2025 Amritpreet @ Amritpal Singh …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Kuldeep Singh Siwach, Advocate for the petitioner. Mr. Rajinder Kumar Banku, Deputy Advocate General, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 528 of B.N.S.S with a prayer to quash the impugned order dated 19.11.2024 (Annexure P-3) passed by the Court of Additional Sessions Judge, Fatehabad whereby the bail of the petitioner was cancelled and the bail bonds and surety bonds were ordered to be forfeited to the State and the petitioner was ordered to be summoned through non-bailable warrants of arrest in a case FIR No.360, dated 20.08.2020, under Sections 420,467,468,471,474,198,201,120-B of IPC and Section 12(1) (B) of Passport Act, Section 7,8,12 of Prevention of Corruption Act and Section 66 C, 66D of I.T., Act, registered at Police Station City Tohana, District Fatehabad (Annexure P-1). 2. Learned counsel for the petitioner contends that the petitioner was falsely involved in the FIR, which was registered on 20.08.2020 and thereafter, he was ordered to be released on bail. Learned counsel further contends that the HITESH 2025.04.04 17:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-18304-2025 -2 petitioner was regularly appearing before the Trial Court and never misused the concession of bail. Learned counsel further contends that there was threat to his life and he could not appear on 19.11.2024. Due to non-appearance of the petitioner, the Trial Court had cancelled the bail and the bail bonds and surety bonds were ordered to be forfeited to the State and the petitioner was ordered to be summoned through non-bailable warrants of arrest. Learned counsel for the petitioner next contends that the petitioner is ready to surrender before the Court and shall join the trial proceedings. He further contends that the petitioner shall appear on each and every date of hearing, before the Trial Court and shall not absent himself during the Court proceedings. 3. Notice of motion. 4. Mr. Rajinder Kumar Banku, Deputy Advocate General, Haryana, who is present in the Court, accepts notice on behalf of respondent-State. 5. Learned State counsel has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that the petitioner had not appeared intentionally before the Trial Court and there is no illegality in the impugned order passed by the Court below and the petitioner does not deserve the concession of bail. 6. I have heard the learned counsel for the petitioners and perused the record. 7. It is not in dispute that that the petitioner was on bail earlier and was regularly appearing before the Trial Court, however, only on one date i.e. 19.11.2024, he could not appear before the Trial Court. Thus, taking a lenient view of the matter, the petitioner is permitted to surrender before the Trial Court/Duty Magistrate within a period of two weeks from today and on his HITESH 2025.04.04 17:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-18304-2025 -3 surrender, he shall be admitted to bail subject to furnishing bail bonds and surety to the satisfaction of the concerned Court. 8. At the time of furnishing of bail bonds, the petitioner shall also file an affidavit before the concerned Court that he shall continue to appear before the Court on each and every date of hearing and shall not absent himself during the court proceedings, except with prior permission of the Court. 9. The Trial Court/Duty Magistrate shall also be at liberty to impose any other conditions, as it deems fit in the peculiar facts and circumstances of case. 10. The petition stands allowed in the above terms. (N.S.SHEKHAWAT) 04.04.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.04.04 17:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh