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2025 DAILYLAW 45052 (PNJ)

HARKRISHAN SINGH v. STATE OF PUNJAB AND ANOTHER

CRM-M/19727/2025 · 2025-04-09

Rajesh Bhardwaj

Transfer Petitionbody2025

Judgment text

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CRM-M-19727-2025 1 149 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19727-2025 Date of decision : 09.04.2025 Harkrishan Singh .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. P.K.S. Phoolka, Advocate for the petitioner. RAJESH BHARDWAJ , J. (Oral) 1. Prayer in the present petition is for quashing of impugned order dated 10.01.2025 passed by Ld. ADJ/MACT/AA/ASJ/JSC., Bathinda, in case No.CNR No.PBBT010043882021 in CIS SC No.204/2021 titled as State of Punjab Vs. Satpal Singh @ Satti etc., whereby bail bond/surety bond of the petitioner was cancelled and petitioner was summoned through non-bailable warrants in FIR No.250 dated 01.11.2019 under Sections 379, 34 of IPC, registered at Police Station Civil Lines, Bathinda, District Bathinda. 2. It has been contended by counsel for the petitioner that in the above said case, the petitioner was regularly appearing before the trial Court. However, petitioner noted the wrong date of hearing and because of this reason, he remained absent from the Court on 10.01.2025 and his bail order was cancelled and non-bailable warrants were issued against him. He submits that the petitioner is ready to join the proceedings and abide by the terms and conditions of bail, imposed by the Court. 3. Notice of motion. 4. On asking of the Court, Mr. Tarun Aggarwal, Sr. D.A.G., Punjab notice on behalf of the respondent-State. POOJA SHARMA 2025.04.09 16:16 I attest to the accuracy and integrity of this document CRM-M-19727-2025 2 5. Learned State counsel has opposed the submissions made by learned counsel for the petitioner and has stated that the trial Court has rightly cancelled the bail granted of the petitioner who remained absent on 10.01.2025 without any valid reason. 6. After hearing counsel for the parties and perusing the record, it is apparent that the petitioner remained absent on 10.01.2025 and his bail was cancelled and bail bonds were forfeited to the State and non- bailable warrants were issued against him. The reason for his absence was given that he noted down the wrong date of hearing. The petitioner is keen to join the proceedings. So keeping in view the abovesaid facts, the present petition is disposed of and the order dated 10.01.2025 is set aside subject to payment of Rs.10,000/- as costs to be deposited in the ‘Day Care Centre for Elderly Disabled in home for old & Destitute People, Sector-15 Chandigarh’ by the petitioner in one week from today. In case, the petitioner appears before the Court concerned within a period of 10 days from today and files an application for bail alongwith receipt of abovesaid costs, the Court concerned is directed to admit him to bail subject to its satisfaction and proceed with the trial in accordance with law. He will have protection from arrest for a period of 10 days from today. 7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, he will have no benefit of abovesaid protection granted by this Court and order under challenge dated 10.01.2025 would automatically come in force. 09.04.2025 ( RAJESH BHARDWAJ ) ps-I JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.04.09 16:16 I attest to the accuracy and integrity of this document