CRM-M-5393 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (123) HARJIT SINGH ALIAS HARJEET SINGH STATE OF CORAM: Present: ALOK JAIN, J. (Oral) 1. 09.10.2025 Sri Muktsar Sahib cancelled and the bail bonds were forfeited on account of the absence of the petitioner on the date fixed by 10.08.2023, registered under Sections 376, 120 and 6 of POCSO Act and registered at Police Station 2. was granted the concession of regular bail by the present FIR on wrong noting of the date before the learned trial Court 5393-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH HARJIT SINGH ALIAS HARJEET SINGH Versus STATE OF PUNJAB AND ANOTHER HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Simranjeet Sidhu, Advocate for the petitioner. **** ALOK JAIN, J. (Oral) The present petition is for quashing of (Annexure P-3) passed by learned Sri Muktsar Sahib, whereby, the bail of the present petitioner has been cancelled and the bail bonds were forfeited on account of the absence of the petitioner on the date fixed by learned tria 10.08.2023, registered under Sections 376, 120 and 6 of POCSO Act and Section 212 of IPC at Police Station Lambi, District Sri Muktsar Sahib Learned counsel for the petitioner submits that the petitioner was granted the concession of regular bail by the present FIR on 07.10.2023 (Annexure P-2) but wrong noting of the date he could not put in appearance on 09.10 before the learned trial Court, and on the very first date of his non -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5393-2026 (O&M) Date of Decision:- 29.04.2026 HARJIT SINGH ALIAS HARJEET SINGH ……Petitioner ……Respondents ALOK JAIN Mr. Simranjeet Sidhu, Advocate for the petitioner. The present petition is for quashing of impugned order dated ) passed by learned Additional Sessions Judge-1, , whereby, the bail of the present petitioner has been cancelled and the bail bonds were forfeited on account of the absence of the trial Court in FIR No.0174 dated 10.08.2023, registered under Sections 376, 120-B of IPC and Sections 5 Section 212 of IPC has been added later on, Lambi, District Sri Muktsar Sahib. r the petitioner submits that the petitioner was granted the concession of regular bail by the learned trial Court in the 2) but during the trial, due to he could not put in appearance on 09.10.2025 , and on the very first date of his non- - 29.04.2026 ……Petitioner ……Respondents order dated 1, , whereby, the bail of the present petitioner has been cancelled and the bail bonds were forfeited on account of the absence of the dated Sections 5 added later on, r the petitioner submits that the petitioner trial Court in the due to .2025 - MANJU 2026.05.01 10:46 I attest to the accuracy and integrity of this document CRM-M-5393 appearance, his bail was cancelled is further submitted that petitioner is ready and willing to surrender before the learned trial Court to do so. Learned counsel further submits that the appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Court. 3. 4. behalf of respondent and argued that the petitioner absented and has hampered the trial and impugned order is not liable to be quashed the petitioner has not been involved in any other case 5. 6. appearing before the learned trial Court but only one date i.e. 09.10.2025 he could not appear as he wrongly noted the date, it appears that there was no intention on his part to remain absent. Moreover, the petitioner is ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. In case, one opportunity i caused to any party, rather his joining the proceedings would ensure finalization of proceedings. 7. as “Krishna Sharma @ Krishna Kumar Shar 5393-2026 (O&M) appearance, his bail was cancelled and the impugned order is further submitted that petitioner is ready and willing to surrender before the learned trial Court and join proceedings, if he is granted one opportunity to do so. Learned counsel further submits that the appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Notice of motion. Mr. Amandeep Singh Samra, AAG, Punjab, behalf of respondent-State. Learned State counsel has opposed the prayer and argued that the petitioner absented and has hampered the trial and order is not liable to be quashed the petitioner has not been involved in any other case Heard learned counsel for the petitioners. Keeping in view the fact that the petitioner was regularly appearing before the learned trial Court but only one date i.e. 09.10.2025 he could not appear as he wrongly noted the date, it appears that there was no intention on his part to remain absent. Moreover, the petitioner is ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. In one opportunity is granted to the petitioner, no prejudice shall be to any party, rather his joining the proceedings would ensure finalization of proceedings. Furthermore, the Hon’ble Supreme Court of India in case titled “Krishna Sharma @ Krishna Kumar Shar -2- and the impugned order was passed. It is further submitted that petitioner is ready and willing to surrender before join proceedings, if he is granted one opportunity to do so. Learned counsel further submits that the petitioner undertakes to appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Court or by learned trial Amandeep Singh Samra, AAG, Punjab, accepts notice on earned State counsel has opposed the prayer and argued that the petitioner absented and has hampered the trial and order is not liable to be quashed, however, further submits that the petitioner has not been involved in any other case. learned counsel for the petitioners. Keeping in view the fact that the petitioner was regularly appearing before the learned trial Court but only one date i.e. 09.10.2025 he could not appear as he wrongly noted the date, it appears that there was no intention on his part to remain absent. Moreover, the petitioner is ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. In s granted to the petitioner, no prejudice shall be to any party, rather his joining the proceedings would ensure Furthermore, the Hon’ble Supreme Court of India in case titled “Krishna Sharma @ Krishna Kumar Sharma Vs. The State of West - was passed. It is further submitted that petitioner is ready and willing to surrender before join proceedings, if he is granted one opportunity undertakes to appear on each and every date before the learned trial court and to abide by Court or by learned trial accepts notice on earned State counsel has opposed the prayer and argued that the petitioner absented and has hampered the trial and , however, further submits that Keeping in view the fact that the petitioner was regularly appearing before the learned trial Court but only one date i.e. 09.10.2025 he could not appear as he wrongly noted the date, it appears that there was no intention on his part to remain absent. Moreover, the petitioner is ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. In s granted to the petitioner, no prejudice shall be to any party, rather his joining the proceedings would ensure Furthermore, the Hon’ble Supreme Court of India in case titled ma Vs. The State of West MANJU 2026.05.01 10:46 I attest to the accuracy and integrity of this document CRM-M-5393 Bengal and another” which reads as under: 8. Supreme Court of India, the petitioner is directed to surrender on or before the trial Court on bail bonds and surety bonds to the satisfaction of trial Court/CJM/Duty Magistrate concerne 9. and the petitioner is imposed with a cost of Rs. with the concerned DLSA before the learned trial Court. 10. April 29, 2026 manju Whether speaking/reasoned: Whether Reportable: 5393-2026 (O&M) Bengal and another” SLP (Crl.) No. 12829 of 2023, which reads as under: “However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence.” Considering the ratio of law as laid down by the Hon’ble preme Court of India, the petitioner is directed to surrender on or before the trial Court on 08.05.2026 and shall be released on bail by furnishing bail bonds and surety bonds to the satisfaction of trial Court/CJM/Duty Magistrate concerned. In light of the above, the present petition stands disposed of and the petitioner is imposed with a cost of Rs. with the concerned DLSA before the learned trial Court. Pending application(s), if any, stands disposed April 29, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3- SLP (Crl.) No. 12829 of 2023, the relevant extract of However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the Considering the ratio of law as laid down by the Hon’ble preme Court of India, the petitioner is directed to surrender on or before and shall be released on bail by furnishing bail bonds and surety bonds to the satisfaction of trial Court/CJM/Duty In light of the above, the present petition stands disposed of and the petitioner is imposed with a cost of Rs. 15,000/- to be deposited with the concerned DLSA before the learned trial Court. Pending application(s), if any, stands disposed of. (ALOK JAIN) JUDGE - the relevant extract of Considering the ratio of law as laid down by the Hon’ble preme Court of India, the petitioner is directed to surrender on or before and shall be released on bail by furnishing bail bonds and surety bonds to the satisfaction of trial Court/CJM/Duty In light of the above, the present petition stands disposed of to be deposited MANJU 2026.05.01 10:46 I attest to the accuracy and integrity of this document