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High Court of Punjab and Haryana · body

2025 DAILYLAW 40540 (PNJ)

JOGINDRO BAI v. STATE OF HARYANA

CRM-M/17463/2025 · 2025-04-01

N S Shekhawat

body2025

Judgment text

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CRM-M-17463-2025 -1- 149 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17463-2025 Date of Decision: 01.04.2025 Jogindro Bai …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Sudhir Rana, Advocate for the petitioner. *** 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 16.01.2025 (Annexure P-3) passed by the Court of Additional Sessions Judge, Rewari, 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. 2. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case and thereafter, she was ordered to be released on bail. He further contends that the petitioner was regularly appearing before the Trial Court. However, due to noting of wrong date, she could not appear before the Trial Court on 16.01.2025. He further contends that the act of non-appearance on the part of the present petitioner was unintentional and she 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 HEMLATA 2025.04.01 23:04 I attest to the accuracy and integrity of this document CRM-M-17463-2025 -2- hearing, before the Trial Court and shall not absent herself 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 parties and perused the record carefully. 7. From a perusal of the record, it is apparent that the Trial Court has rightly cancelled the bail in the present case and there is no illegality in the im- pugned order passed by the trial Court. However, due to noting of wrong date, the petitioner could not appear before the Trial Court on 16.01.2025. Thus, tak- ing 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 her surrender, she 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 she shall continue to appear before the Court on each and every date of hearing and shall not absent herself during the court proceedings, except with prior permission of the Court. HEMLATA 2025.04.01 23:04 I attest to the accuracy and integrity of this document CRM-M-17463-2025 -3- 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) 01.04.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.04.01 23:04 I attest to the accuracy and integrity of this document