CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 139 RUPESH STATE OF CORAM: HON'BLE MR. JUSTICE Present: SURYA P 1. Nagarik Suraksha 01.12.2025 Class, Kaithal abovementioned order, thereof, the above, to arrest has been 2. 3. respondent/ dispensed with. However, n learned State counsel has opted to orally oppose the present petition -20682-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH RUPESH VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Govind Chauhan, Advocate for the petitioner. SURYA PARTAP SINGH, J (ORAL) This is a petition filed under Section 528 of Nagarik Suraksha Sanhita 2023’, seeking 01.12.2025 (Annexure P-1) passed by the learned Class, Kaithal, hereinafter referred to as ‘ abovementioned order, the bail of petitioner the bail bonds of the petitioner to procure the presence of the petitioner has been issued. Notice of motion. Since advance notice has already been served upon the State, respondent/State. Hence, service of notice upon the State is hereby dispensed with. However, no formal reply has been filed by the State learned State counsel has opted to orally oppose the present petition IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20682-2026 (O&M) DECIDED ON: 17.04.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH , Advocate This is a petition filed under Section 528 of ‘the Bharatiya seeking for quashing of order dated passed by the learned Judicial Magistrate First hereinafter referred to as ‘trial Court’ only. By virtue of etitioner was cancelled. As a result have been forfeited. In addition to of the petitioner in the Court, his warrant of Since advance notice has already been served upon the State, accepts notice on behalf of State. Hence, service of notice upon the State is hereby formal reply has been filed by the State and the learned State counsel has opted to orally oppose the present petition. (O&M) .2026 .....PETITIONER .....RESPONDENT ratiya order dated Judicial Magistrate First . By virtue of As a result forfeited. In addition to warrant of Since advance notice has already been served upon the State, ce on behalf of State. Hence, service of notice upon the State is hereby and the VINOD KUMAR ARYA 2026.04.18 14:05 I attest to the accuracy and integrity of this document CRM-M- 4. the petitioner 01.12.2025 noted down a abovementioned circumstances, deserves to be quashed. 5. was not present before the learned trial Court conditions imposed in Court was left with no option but to bonds and issue there is no illegality interference in 6. liberty for the petitioner to an application for bail. The learned counsel for the petitioner has prayed for a direction to the learned trial Court to dispose of the bail application, to be moved by the 7. a direction to the petitioner a period of move the Court is directed to dispose of the three days of its discretion shall be at liberty to -20682-2026(O&M) 2 It has been contended by learned counsel for the petitioner that the petitioner was regularly appearing before the learned trial Court, 01.12.2025 he could not appear, before noted down a wrong date. As per learned counsel for the abovementioned circumstances, the impugned order was passed, which deserves to be quashed. In view of above, once it is an ad not present before the learned trial Court conditions imposed in the bail order, it is hereby held that Court was left with no option but to cancel the bail order, forfeit the bai bonds and issue warrants of arrest against the petitioner no illegality in the abovementioned order, interference in the impugned order. At this stage, learned counsel for the petitioner has sought iberty for the petitioner to surrender before the learned trial Court an an application for bail. The learned counsel for the petitioner has prayed for a direction to the learned trial Court to dispose of the bail application, to be moved by the petitioner, in a time-bound manner In view of above, the present petition is a direction to the petitioner to surrender before the learned trial Court a period of two weeks. If he surrender before the learned tri application for bail within the stipulated period is directed to dispose of the bail application s. It is, however, clarified that the learned trial Court in the exercise of its discretion shall be at liberty to take the petitioner by learned counsel for the petitioner that regularly appearing before the learned trial Court, but, before the learned trial Court, as he had learned counsel for the petitioner, in the the impugned order was passed, which In view of above, once it is an admitted fact that the petitioner not present before the learned trial Court, in compliance with the it is hereby held that the learned trial cancel the bail order, forfeit the bai against the petitioner. Since apparently, in the abovementioned order, there is no scope At this stage, learned counsel for the petitioner has sought before the learned trial Court and move an application for bail. The learned counsel for the petitioner has prayed for a direction to the learned trial Court to dispose of the bail application, to be bound manner. In view of above, the present petition is hereby disposed of with surrender before the learned trial Court within surrender before the learned trial Court and within the stipulated period, the learned trial bail application of the petitioner within clarified that the learned trial Court in the exercise take the petitioner into custody and/or by learned counsel for the petitioner that , on had petitioner, in the the impugned order was passed, which itted fact that the petitioner in compliance with the the learned trial cancel the bail order, forfeit the bail Since apparently, there is no scope for At this stage, learned counsel for the petitioner has sought d move an application for bail. The learned counsel for the petitioner has prayed for a direction to the learned trial Court to dispose of the bail application, to be disposed of with within and the learned trial within clarified that the learned trial Court in the exercise and/or VINOD KUMAR ARYA 2026.04.18 14:05 I attest to the accuracy and integrity of this document CRM-M- impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC) as per law Vinod -20682-2026(O&M) 3 impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC) as per law. impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC) impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC), VINOD KUMAR ARYA 2026.04.18 14:05 I attest to the accuracy and integrity of this document