CRM-M-35907 IN THE HIGH COURT OF PUNJAB AND HARYANA Ashish alias Ashish Singh Rohilla and another State of Haryana CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - NAMIT KUMAR, J. CRM-25974 of 2025 CRM-M-35907 of 2025 1. Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of impugned order dated Judicial Magistrate Ist Class 22.08.2019 registered under Sections 323, 34, 377, 406, 498 IPC at Women Police Station, Panipat, District Panipat while cancelling were also ordered to be bailable warrants 35907 of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35907 Date of decision Ashish alias Ashish Singh Rohilla and another Versus Haryana CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Nishant Chauhan, Advocate, for the petitioners (through V.C.) M. Ramendra Chauhan, AAG, Haryana. NAMIT KUMAR, J. (ORAL) 25974 of 2025 Allowed as prayed for. 35907 of 2025 Petitioners have filed this petition under Section Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of impugned order dated 20.05.2025 (Annexure P-3), passed by the Court of learned Judicial Magistrate Ist Class, Panipat, in case FIR No. 22.08.2019 registered under Sections 323, 34, 377, 406, 498 IPC at Women Police Station, Panipat, District Panipat while cancelling the bail granted to the petitioners ordered to be cancelled and forfeited to the State and warrants of arrest have been issued. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 35907 of 2025 (O&M) Date of decision: 11.07.2025 Ashish alias Ashish Singh Rohilla and another ......Petitioners ......Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR , Advocate, (through V.C.). , AAG, Haryana. filed this petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of impugned 3), passed by the Court of learned , in case FIR No.181 dated 22.08.2019 registered under Sections 323, 34, 377, 406, 498-A, 506 IPC at Women Police Station, Panipat, District Panipat, vide which granted to the petitioners, their bail bonds forfeited to the State and non- have been issued. RAVINDER SINGH 2025.07.11 17:47 I attest to the accuracy and integrity of this document CRM-M-35907 2. petitioners were on trial Court regular 20.05.2025, application of the petitioners seeking exemption from personal appearance has been rejected by the trial Court and bail granted to them has wrongly been cancelled as the petitioners could no appear before the trial Court on 20.05.2025 due to serious ailment of co-accused Urmila, who was being looked after by the petitioners and Urmila has unfortunately died on account of the said ailment on 30.05.2025. victims of circumstances and submits that the petitioner proceedings and undertake to be present in Court on each and every date. 3. 4. behalf of the respondent been passed from personal appearance 5. the record. 6. anyone as proclaimed offender/person is to secure his presence. The petitioners have appear before the 35907 of 2025 (O&M) Learned counsel for the petition petitioners were on regular bail and they kept on appearing before the trial Court regularly. He further submits that vide impugned order dated 20.05.2025, application of the petitioners seeking exemption from personal appearance has been rejected by the trial Court and bail granted to them has wrongly been cancelled as the petitioners could no appear before the trial Court on 20.05.2025 due to serious ailment of accused Urmila, who was being looked after by the petitioners and Urmila has unfortunately died on account of the said ailment on 30.05.2025. Learned counsel further submits that t of circumstances and their absence was unintentional. He submits that the petitioners are ready and willing to join the trial proceedings and undertake to be present in Court on each and every Notice of motion. Mr. Ramendra Chauhan, AAG, Haryana behalf of the respondent-State and submits that the impugned order has passed as time and again the petitioners were seeking exemption from personal appearance. I have heard learned counsel for the parties and perused The object of cancellation of bond or declaration of anyone as proclaimed offender/person is to secure his presence. The have come forward to face the proceedings and undertake appear before the trial Court on each and every date, thus, 2 Learned counsel for the petitioners contends that the kept on appearing before the He further submits that vide impugned order dated 20.05.2025, application of the petitioners seeking exemption from personal appearance has been rejected by the trial Court and bail granted to them has wrongly been cancelled as the petitioners could not appear before the trial Court on 20.05.2025 due to serious ailment of accused Urmila, who was being looked after by the petitioners and Urmila has unfortunately died on account of the said ailment on submits that the petitioners are the absence was unintentional. He also ready and willing to join the trial proceedings and undertake to be present in Court on each and every , AAG, Haryana, accepts notice on State and submits that the impugned order has as time and again the petitioners were seeking exemption heard learned counsel for the parties and perused The object of cancellation of bond or declaration of anyone as proclaimed offender/person is to secure his presence. The come forward to face the proceedings and undertake to Court on each and every date, thus, their RAVINDER SINGH 2025.07.11 17:47 I attest to the accuracy and integrity of this document CRM-M-35907 presence would meet ends of justice. Thus, the explanation offered for non-appearance before the trial Court is justified and therefore, the same is accepted. 7. the impugned order appearance of the petitioner and on their remain on the same bail bonds and surety bonds. In the event of non compliance of this order, the order dated intact. 8. 11.07.2025 R.S. 35907 of 2025 (O&M) presence would meet ends of justice. Thus, the explanation offered for appearance before the trial Court is justified and therefore, the same is accepted. Considering overall facts and circumstances of the case, the impugned order 20.05.2025 (Annexure P appearance of the petitioners before the trial Court on or by their doing so, they shall be released on bail and allowed to remain on the same bail bonds and surety bonds. In the event of non compliance of this order, the order dated The petition is disposed of in above terms. Whether speaking/reasoned Whether Reportable 3 presence would meet ends of justice. Thus, the explanation offered for appearance before the trial Court is justified and therefore, the cts and circumstances of the case, (Annexure P-3) is set aside subject to re the trial Court on or by 25.07.2025 shall be released on bail and allowed to remain on the same bail bonds and surety bonds. In the event of non- compliance of this order, the order dated 20.05.2025 would remain The petition is disposed of in above terms. (NAMIT KUMAR) JUDGE : Yes/No : Yes/No RAVINDER SINGH 2025.07.11 17:47 I attest to the accuracy and integrity of this document