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CRM-M-41774-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 129 CRM-M-41774-2025 DATE OF DECISION :04.08.2025 ANIL @ MILI ...PETITIONER Versus STATE OF HARYANA ... RESPONDENT
CORAM:
HON’BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Som Nath Saini, Advocate for the petitioner(s). Mr. Sushil Bhardwaj, Addl. A.G., Haryana. *** SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 528 of BNSS, 2023 praying for quashing of the order Annexure P-1, dated 05.03.2025, passed by the Ld. Trial court, Jind, vide which the bail of the petitioner has been canceled and his bonds has been forfeited to the state in FIR No.132, dated 21.04.2022, registered under section 18/27-A of the NDPS Act, Police Station City Narwana, District Jind.
Learned counsel for the petitioner submits that due to some misunderstanding the petitioner could not appear before the Trial Court only on one date i.e. 05.03.2025 and then he came to know that his bail has been cancelled by the Trial Court and bail bonds has been forfeited to the State vide order dated 05.03.2025. He submits that the petitioner Anuradha 2025.08.04 23:50 I agree to specified portions of this document
CRM-M-41774-2025 2 did not had any intention to avoid attendance in the Court proceedings. He undertakes that the petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future. Notice of motion. On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that he will surrender before the trial Court. Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, impugned order dated 05.03.2025 cancelling his bail is set aside and the petitioner is directed to surrender before the trial Court within a period of 10 days from today and apply for regular bail. In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law. However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition. The aforesaid order/concession to the petitioner shall be subject to payment of Rs.15,000/- as compensatory penalty to be Anuradha 2025.08.04 23:50 I agree to specified portions of this document
CRM-M-41774-2025 3 deposited with the Poor Patients Welfare Fund of PGIMER, Sector 12, Chandigarh and a receipt of the same be produced before the Trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day in accordance with law.
The amount so deposited by the petitioner shall not be construed as cost for this order but compensatory penalty for stalling the court proceedings by evading himself from trial for a long time. The instant petition is disposed of in the aforesaid terms. (SANDEEP MOUDGIL)
JUDGE 04.08.2025 anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.08.04 23:50 I agree to specified portions of this document