CRM-M-34613-2025 -1- 147 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34613-2025 Date of Decision: 07.07.2025 Harjinder Singh @ Goldi ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. J.S. Thakur, Advocate, for the petitioner. Rajesh Bhardwaj, J. (ORAL) 1. Prayer in the present petition is for quashing/setting aside of the impugned order dated 17.02.2025, whereby, the bail bonds/surety bonds of the petitioner were cancelled and forfeited to the State in appeal pending before learned District and Sessions Judge-V, Jalandhar, in a case FIR No.98 dated 10.09.2013 under Sections 419, 420, 465, 467, 468, 471, 477- A, 120-B IPC, at Police Station Mehatpur, District Jalandhar Rural. 2. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He submits that the petitioner was convicted and sentenced under Sections 120-B, 419, 420, 465 IPC to undergo three years rigorous imprisonment by learned JMIC, Nakodar, vide order dated 24.01.2024. He further submits that the order dated 24.01.2024 was assailed by the petitioner before learned Appellate Court by way of filing an appeal and sentence of the petitioner was also suspended and thereafter, the petitioner was regularly appearing before the Appellate Court. He submits that as the petitioner had met with an accident on 03.01.2025, he could not appear before the Court and thus, bail of the petitioner was cancelled and his bail/surety bonds were forfeited to the State and he was ordered to summoned through non-bailable warrants SHARMILA DEVI 2025.07.08 16:51 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-34613-2025 -2- vide order dated 17.02.2025. He submits that absence of the petitioner was totally unintentional and due to the circumstances beyond his control. He further submits that the petitioner is ready to appear before the Appellate Court and abide by all the terms and conditions, if any imposed by this Court. 3. Notice of motion. 4. Mr. J.S. Arora, DAG, Punjab accepts notice on behalf of the State and has opposed the submissions made by counsel for the petitioner. He has submitted that learned Appellate Court Court has rightly cancelled the bail order of the petitioner, as he intentionally did not appear before it, on the date fixed. 5. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner on 17.02.2025, his bail was cancelled and his bail bonds/surety bonds were forfeited to the State and he was ordered to be summoned through non- bailable warrants. The reason for non-appearance before the Court on the date fixed, as given by the petitioner is his accident. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear the Court concerned to join the proceedings. In these circumstances, when the petitioner is ready to join the proceedings, the order dated 17.02.2025 is set aside subject to payment of Rs.25,000/- as costs to be paid to Punjab and Haryana High Court Employees’ Welfare Association, Chandigarh by the petitioner within period of seven days from today. 6. The petitioner is directed to appear before the Appellate Court SHARMILA DEVI 2025.07.08 16:51 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-34613-2025 -3- within a period of ten days from today and file an appropriate application alongwith receipt of abovesaid costs and the Appellate Court would grant him bail till the disposal of the case on his furnishing fresh bail/surety bonds to its satisfaction. The petitioner will have protection from arrest for a period of 10 days from today. The Appellate Court is free to impose any condition on the petitioner while admitting him to bail. 7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 17.02.2025 will come in force and the present petition shall be deemed to have been dismissed. 8. Petition stands disposed of in abovesaid terms. (RAJESH BHARDWAJ) 07.07.2025 JUDGE sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No SHARMILA DEVI 2025.07.08 16:51 I attest to the accuracy and integrity of this order/judgment PHHC