Extracted from the PDF above. The PDF is authoritative.
CRM-M-19081-2025 -1- 264
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19081-2025 Date of Decision:22.04.2025 JITENDER ALIAS MONU
…PETITIONER VS.
STATE OF HARYANA …RESPONDENT
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Himanshu Joshi, Advocate for the petitioner. Mr. Rupinder Singh Jhand, Addl. A.G., Haryana. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the present petition under Section 483 of B.N.S.S., with a prayer to grant regular bail to him in case FIR No.3 dated 08.01.2023, registered under Sections 148, 149, 323, 325, 307, 506, 120-B, 216 of IPC & Sections 25/54/59 Arms Act, Police Station Ateli, District Mahendergarh.
2.
Learned counsel for the petitioner contends that the petitioner had earlier arrested in the present case and was granted the concession of bail vide
order dated 05.01.2024 (Annexure P-2) passed by the Court of Additional Sessions Judge, Narnaul. He further contends that after the passing of the order Annexure P-2, the petitioner was regularly appearing before the trial Court on VIPIN KUMAR 2025.04.25 14:54 I attest to the accuracy and integrity of this judgment/order
CRM-M-19081-2025 -2- each and every date of hearing, which is apparent from various zimni orders passed by the trial Court (Annexure P-3). He further contends that on 30.01.2025, the petitioner could not appear before the trial Court and even his counsel could not move an application for exemption for personal appearance before the trial Court. Consequently, the trial Court had cancelled the bail and his bail bonds and surety bonds were ordered to be forfeited to the state. He further contends that the petitioner was again arrested in the present case on 13.03.2025 and in in custody since then. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is facing 11 more FIRs and is a habitual offender and he does not deserve the concession of bail by this Court. However, he admits that the petitioner was on bail in the present case since 05.01.2024. 4. I have heard the learned counsel for the parties and perused the record. 5. Admittedly, the petitioner was granted the concession of regular bail by the Court of Additional Sessions Judge, Narnaul on 05.01.2024 and there is no allegation that he has ever misused the concession of bail. However, only on one date i.e. 30.01.2025, he could not appear and his bail was ordered to be cancelled by the trial Court. However, now the petitioner is in custody since last more than 01 month and his further detention will not serve any useful purpose. 6. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his VIPIN KUMAR 2025.04.25 14:54 I attest to the accuracy and integrity of this judgment/order
CRM-M-19081-2025 -3- furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. 7. However, the petitioner shall file an undertaking before the trial Court that he shall appear on each and every date of hearing and shall not remain absent.
In case, the petitioner remains absent on any date of hearing in future, his bail shall be liable to be cancelled by the Court immediately. 22.04.2025
(N.S. SHEKHAWAT) vipin
JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.04.25 14:54 I attest to the accuracy and integrity of this judgment/order