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2025 DAILYLAW 41398 (PNJ)

PRINCE v. STATE OF PUNJAB

CRM-M/18300/2025 · 2025-04-03

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 135 PRINCE STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab MANISHA BATRA 1. The instant petition has been filed by the petitioner for quashing the order dated 14.01.2025 (Annexure Additional Sessions Judge, Gurdaspur in case arising out of FIR No.04 dated 26.01.2023 registered under Section 457, 379 IPC (Sections 201, 395 and 411 added later on), at Police Station Gh Bangar, District Gurdaspur forfeited to the State due to his non have been ordered to be issued against him. 2. It is submitted by learned counsel for the petitio some misunderstanding instead of 14.01.2025 and therefore due to that reason before the learned trial Court on that day is ready to join the proceedings before the trial Court and to abide by the terms and conditions to be imposed upon him for allowing the present petition. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Amarjeet Singh Prajapati, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab **** MANISHA BATRA, J. (oral) The instant petition has been filed by the petitioner for quashing the order dated 14.01.2025 (Annexure P-1) passed by the Court of learned Additional Sessions Judge, Gurdaspur in case arising out of FIR No.04 dated 26.01.2023 registered under Section 457, 379- IPC (Sections 201, 395 and 411 added later on), at Police Station Gh Bangar, District Gurdaspur, whereby his bail was cancelled and bonds were forfeited to the State due to his non-appearance ordered to be issued against him. It is submitted by learned counsel for the petitio some misunderstanding, he had noted the next date of hearing as 24.01.2025 instead of 14.01.2025 and therefore due to that reason before the learned trial Court on that day. His absence was not intentional. He to join the proceedings before the trial Court and to abide by the terms and conditions to be imposed upon him. Accordingly for allowing the present petition. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.18300 of 2025 Date of decision: 03.04.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. D.A.G., Punjab. The instant petition has been filed by the petitioner for quashing 1) passed by the Court of learned Additional Sessions Judge, Gurdaspur in case arising out of FIR No.04 dated -B(2), 427, 506, 148 and 149 of IPC (Sections 201, 395 and 411 added later on), at Police Station Ghaine Ke whereby his bail was cancelled and bonds were appearance. Now non-bailable warrants It is submitted by learned counsel for the petitioner that due to he had noted the next date of hearing as 24.01.2025 instead of 14.01.2025 and therefore due to that reason, he could not appear . His absence was not intentional. He to join the proceedings before the trial Court and to abide by the terms Accordingly, prayer has been made The instant petition has been filed by the petitioner for quashing 1) passed by the Court of learned Additional Sessions Judge, Gurdaspur in case arising out of FIR No.04 dated B(2), 427, 506, 148 and 149 of ne Ke whereby his bail was cancelled and bonds were bailable warrants ner that due to he had noted the next date of hearing as 24.01.2025 , he could not appear . His absence was not intentional. He to join the proceedings before the trial Court and to abide by the terms , prayer has been made Jyoti 2025.04.04 10:10 I attest to the accuracy and integrity of this document CRM-M No.18300 of 2025 3. Though, no justification has been made out for setting aside the impugned order Court while passing the same, however, in view of the request made by learned counsel for the petitioner at this stage to grant the petitioner one more opportunity to surrender before fact that the absence of the petitioner does not attract the consequences of detaining him into custody as he is willing to join the trial and to ensure timely disposal of the cases before petition is disposed of with learned trial Court and on moving appropriate application, the bail subject to his furnishing personal as well as surety bonds to its satisfaction. However, this petition shall be deemed to be dismissed if the petitioner does not abide by this order. Petition stands disposed of. A c under the signature of Bench Secretary of this Court 03.04.2025 Jyoti-IV M No.18300 of 2025 Though, no justification has been made out for setting aside the er as no illegality seems to have been committed by learned trial Court while passing the same, however, in view of the request made by learned counsel for the petitioner at this stage to grant the petitioner one more opportunity to surrender before the trial Court the absence of the petitioner does not attract the consequences of detaining him into custody as he is willing to join the trial and to ensure timely disposal of the cases before the learned trial Court, t petition is disposed of with the direction to the petitioner to surrender before the learned trial Court on 05.04.2025 and it is further ordered that on h and on moving appropriate application, the learned bail subject to his furnishing personal as well as surety bonds to its satisfaction. However, this petition shall be deemed to be dismissed if the petitioner does not abide by this order. Petition stands disposed of. A copy of this order be given to the counsel for the petitioner under the signature of Bench Secretary of this Court (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.18300 of 2025 -2- Though, no justification has been made out for setting aside the as no illegality seems to have been committed by learned trial Court while passing the same, however, in view of the request made by learned counsel for the petitioner at this stage to grant the petitioner one more the trial Court and further keeping in view the the absence of the petitioner does not attract the consequences of detaining him into custody as he is willing to join the trial and the ultimate aim is the learned trial Court, the present direction to the petitioner to surrender before the is further ordered that on his surrender learned trial Court shall admit him to bail subject to his furnishing personal as well as surety bonds to its satisfaction. However, this petition shall be deemed to be dismissed if the petitioner does opy of this order be given to the counsel for the petitioner under the signature of Bench Secretary of this Court. (MANISHA BATRA) JUDGE Yes/No. Yes/No Though, no justification has been made out for setting aside the as no illegality seems to have been committed by learned trial Court while passing the same, however, in view of the request made by learned counsel for the petitioner at this stage to grant the petitioner one more and further keeping in view the the absence of the petitioner does not attract the consequences of is he present direction to the petitioner to surrender before the surrender admit him to bail subject to his furnishing personal as well as surety bonds to its satisfaction. However, this petition shall be deemed to be dismissed if the petitioner does opy of this order be given to the counsel for the petitioner Jyoti 2025.04.04 10:10 I attest to the accuracy and integrity of this document