Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 79047 (PNJ)

PAWAN v. STATE OF HARYANA

CRM-M/39130/2025 · 2025-07-25

Manisha Batra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-39130 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 133 Pawan State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. quashing of order dated learned Additional Sessions Judge, Faridabad Haryana vs. Ankit @ Tiger and others 13.06.2023, registered under Sections 147, 149, 323, 307, 365, 379 506, 120-B, 201 and 325 of IPC and Section 25 Police Station Surajkund, Faridabad, been cancelled and warrants 2. falsely implicated in the aforesaid anticipatory bail by this Court, vide order dated 10.01.2024 in CRM-M-59280 appearing before the learned trial Court. However, due to could not appear before the learned trial Court on 24.02.2025, which resulted into cancellation of his bail and issuance warrants of arre 39130-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Haryana CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Vikas Kumar, Advocate for the petitioner. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner quashing of order dated 24.02.2025 (Annexure P Additional Sessions Judge, Faridabad Haryana vs. Ankit @ Tiger and others, 13.06.2023, registered under Sections 147, 149, 323, 307, 365, 379 B, 201 and 325 of IPC and Section 25 Police Station Surajkund, Faridabad, whereby the cancelled and warrants of arrest had been issued against him. Learned counsel for the petitioner has submitted that he has been falsely implicated in the aforesaid case. He had been granted concession of anticipatory bail by this Court, vide order dated 10.01.2024 in 59280-2023. The trial is going on appearing before the learned trial Court. However, due to could not appear before the learned trial Court on 24.02.2025, which resulted into cancellation of his bail and issuance warrants of arre IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39130-2025 (O&M) Date of decision: 25.07.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA The instant petition has been filed by the petitioner seeking 24.02.2025 (Annexure P-5), passed by the Court of Additional Sessions Judge, Faridabad in case titled as State of , arising out of FIR No. 437 dated 13.06.2023, registered under Sections 147, 149, 323, 307, 365, 379-B, 427, B, 201 and 325 of IPC and Section 25 of the Arms Act, 1959 at whereby the bail of the petitioner had had been issued against him. Learned counsel for the petitioner has submitted that he has been He had been granted concession of anticipatory bail by this Court, vide order dated 10.01.2024 in is going on. The petitioner was regularly appearing before the learned trial Court. However, due to his bad health, he could not appear before the learned trial Court on 24.02.2025, which resulted into cancellation of his bail and issuance warrants of arrest against him. The -1- 2025 (O&M) 25.07.2025 ...Petitioner ...Respondent seeking Court of State of FIR No. 437 dated B, 427, of the Arms Act, 1959 at petitioner had Learned counsel for the petitioner has submitted that he has been He had been granted concession of anticipatory bail by this Court, vide order dated 10.01.2024 in The petitioner was regularly his bad health, he could not appear before the learned trial Court on 24.02.2025, which resulted st against him. The MOHAMMAD WASEEM ANSARI 2025.07.25 18:50 I attest to the accuracy and integrity of this document CRM-M-39130 case is now fixed for 29.07.2025. the Court on the said date to appear before the learned trial Court and to be imposed by this Court. He undertakes to attend the Court proceedings, as and when he is required to do so. It is, therefore, urged that the petiti deserves to be allowed. 3. 4. of the petition and is ready to argue the matter, has submitted that there is no infirmity or illegality in the impugned order. 5. and have also gone through the material placed on record 6. by this Court, as mentioned above regularly appearing befo aforesaid date of arrest have been issued against him and the case is now 29.07.2025 appearance on 24.02.2025 considered by the learned trial Court as no documents were attached with the same. The absence of the petitioner on the afore his carelessness but it does not attract the consequence of custody in the peculiar facts of the case. proceedings. the considered opinion that the petitioner deserves some leniency in the 39130-2025 (O&M) case is now fixed for 29.07.2025. It is further argued that his the Court on the said dates was neither intentional nor deliberate. He is ready appear before the learned trial Court and to be imposed by this Court. He undertakes to attend the Court proceedings, as and when he is required to do so. It is, therefore, urged that the petiti deserves to be allowed. Notice of motion. Mr. Apoorv Garg, Addl. A.G., Haryana, w of the petition and is ready to argue the matter, has submitted that there is no infirmity or illegality in the impugned order. I have heard learned counsel for the and have also gone through the material placed on record Admittedly, the petitioner was granted concession of by this Court, as mentioned above. A perusal of the regularly appearing before the Court. However, he absented aforesaid date, consequent to which, his bail of arrest have been issued against him and the case is now 29.07.2025. He had moved an application seeking exemption appearance on 24.02.2025 on the grounds of his illness but the same was not considered by the learned trial Court as no documents were attached with the The absence of the petitioner on the afore his carelessness but it does not attract the consequence of in the peculiar facts of the case. proceedings. Keeping in view the aforesaid facts and circumstances, I am he considered opinion that the petitioner deserves some leniency in the It is further argued that his absence before was neither intentional nor deliberate. He is ready appear before the learned trial Court and abide by the terms and conditions to be imposed by this Court. He undertakes to attend the Court proceedings, as and when he is required to do so. It is, therefore, urged that the petiti , Addl. A.G., Haryana, who has advance notice of the petition and is ready to argue the matter, has submitted that there is no infirmity or illegality in the impugned order. I have heard learned counsel for the parties at considerable length and have also gone through the material placed on record. the petitioner was granted concession of anticipatory A perusal of the record shows that he re the Court. However, he absented himself on the , consequent to which, his bail had been cancelled and warrants of arrest have been issued against him and the case is now pending for He had moved an application seeking exemption from his on the grounds of his illness but the same was not considered by the learned trial Court as no documents were attached with the The absence of the petitioner on the aforesaid date was obviously due to his carelessness but it does not attract the consequence of detaining him into in the peculiar facts of the case. He is ready to join the Court Keeping in view the aforesaid facts and circumstances, I am he considered opinion that the petitioner deserves some leniency in the -2- absence before was neither intentional nor deliberate. He is ready conditions to be imposed by this Court. He undertakes to attend the Court proceedings, as and when he is required to do so. It is, therefore, urged that the petition ho has advance notice of the petition and is ready to argue the matter, has submitted that there is no at considerable length anticipatory he was on the and warrants pending for from his on the grounds of his illness but the same was not considered by the learned trial Court as no documents were attached with the obviously due to him into He is ready to join the Court Keeping in view the aforesaid facts and circumstances, I am of he considered opinion that the petitioner deserves some leniency in the MOHAMMAD WASEEM ANSARI 2025.07.25 18:50 I attest to the accuracy and integrity of this document CRM-M-39130 matter. In view thereof, the present petition is disposed of. The ordered to so, he shall be relea furnishing fresh personal/surety bonds to its satisfaction. 7. petitioner under the signatures of the Reader of this Court. 25.07.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 39130-2025 (O&M) matter. In view thereof, the present petition is disposed of. The ordered to surrender before the learned trial Court on so, he shall be released on bail by the learned trial Court, subject to his furnishing fresh personal/surety bonds to its satisfaction. Let a copy of this order be given petitioner under the signatures of the Reader of this Court. 25.07.2025 Whether speaking/reasoned Whether reportable matter. In view thereof, the present petition is disposed of. The petitioner is before the learned trial Court on 29.07.2025 and on doing sed on bail by the learned trial Court, subject to his furnishing fresh personal/surety bonds to its satisfaction. Let a copy of this order be given dasti to learned counsel for the petitioner under the signatures of the Reader of this Court. (MANISHA BATRA) JUDGE Yes/No Yes/No -3- petitioner is and on doing sed on bail by the learned trial Court, subject to his to learned counsel for the MOHAMMAD WASEEM ANSARI 2025.07.25 18:50 I attest to the accuracy and integrity of this document