CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 121 RAM NIWAS THAPAN SOM DUTT MALETHIA AND ANOTHER CORAM: HON'BLE MR. JUSTICE Present: SURYA PRATAP SINGH Suraksha Sanhita, 2023 (hereinafter impugned order dated 13.05.2025 (Annexure P Additional Sessions Judge, Fazilka Court’), whereby bail order of the petitioner has been cancelled and hi bail/surety bonds have been forfeited to the State and warrants of arrest has been issued against him, in case bearing CRA No.493 of 2023, titled as ‘Ram Niwas Thapan Vs. Som Dutt Malethia’, pending before the learned Appellate Court. -41902-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH RAM NIWAS THAPAN VERSUS SOM DUTT MALETHIA AND ANOTHER CORAM: HON'BLE MR. JUSTICE SURYA PRATAP SINGH Mr. Rhythem Bajaj, Advocate for the petitioner. SURYA PRATAP SINGH, J (ORAL) This is a petition, filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing the impugned order dated 13.05.2025 (Annexure P Additional Sessions Judge, Fazilka (hereinafter referred to as ‘Appellate , whereby bail order of the petitioner has been cancelled and hi bail/surety bonds have been forfeited to the State and warrants of arrest has been issued against him, in case bearing CRA No.493 of 2023, titled as Ram Niwas Thapan Vs. Som Dutt Malethia’, pending before the learned Appellate Court. Notice of motion only to respondent No.2, at this stage 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41902-2025 DECIDED ON: 04.08.202 .....PETITIONER VERSUS SOM DUTT MALETHIA AND ANOTHER .....RESPONDENT SURYA PRATAP SINGH , Advocate for the petitioner. This is a petition, filed under Section 528 of Bharatiya Nagarik referred to as ‘BNSS’), for quashing the impugned order dated 13.05.2025 (Annexure P-5), passed by the learned (hereinafter referred to as ‘Appellate , whereby bail order of the petitioner has been cancelled and hi bail/surety bonds have been forfeited to the State and warrants of arrest has been issued against him, in case bearing CRA No.493 of 2023, titled as Ram Niwas Thapan Vs. Som Dutt Malethia’, pending before the learned nly to respondent No.2, at this stage. .2025 .....PETITIONER .RESPONDENT This is a petition, filed under Section 528 of Bharatiya Nagarik referred to as ‘BNSS’), for quashing the 5), passed by the learned (hereinafter referred to as ‘Appellate , whereby bail order of the petitioner has been cancelled and his bail/surety bonds have been forfeited to the State and warrants of arrest has been issued against him, in case bearing CRA No.493 of 2023, titled as Ram Niwas Thapan Vs. Som Dutt Malethia’, pending before the learned ANJAL GUPTA 2025.08.05 09:45 I attest to the accuracy and integrity of this document CRM-M- Advocate General, Punjab, accepts notice on behalf of the respondent and waives service. the petitioner was ordered to be suspended by the learned Appellate Court vide order dated 30.11.2023, however, he could not appear on the date fixed i.e. 13.05.2025 as he was suffering from his treatment is going on at resultantly, his bail bonds were cancelled and surety bonds were forfeited. direction to the petitioner to appear before the learned within a period of one week from today learned Appellate Court within the stipulated period, he shall be admitted to bail on furnishing bail bonds to the satisfac concerned/Illaqa Magistrate/D Gaurav Thakur -41902-2025 On the asking of the Court, Mr. Sanjay Sabharwal, Additional Advocate General, Punjab, accepts notice on behalf of the respondent and waives service. Learned counsel for the petitioner submits that the sentence the petitioner was ordered to be suspended by the learned Appellate Court vide order dated 30.11.2023, however, he could not appear on the date fixed i.e. 13.05.2025 as he was suffering from his treatment is going on at CMC Multispecialty Hospital, Delhi and resultantly, his bail bonds were cancelled and surety bonds were forfeited. In view of the above, the present petition is disposed of with a direction to the petitioner to appear before the learned thin a period of one week from today learned Appellate Court within the stipulated period, he shall be admitted to bail on furnishing bail bonds to the satisfac concerned/Illaqa Magistrate/Duty Magistrate. 2 On the asking of the Court, Mr. Sanjay Sabharwal, Additional Advocate General, Punjab, accepts notice on behalf of the respondent-State Learned counsel for the petitioner submits that the sentence the petitioner was ordered to be suspended by the learned Appellate Court vide order dated 30.11.2023, however, he could not appear on the date fixed i.e. 13.05.2025 as he was suffering from some serious mental ailment and Multispecialty Hospital, Delhi and resultantly, his bail bonds were cancelled and surety bonds were forfeited. he present petition is disposed of with a direction to the petitioner to appear before the learned Appellate Court and in case, he appears before the learned Appellate Court within the stipulated period, he shall be admitted to bail on furnishing bail bonds to the satisfaction of the learned trial Court uty Magistrate. On the asking of the Court, Mr. Sanjay Sabharwal, Additional State Learned counsel for the petitioner submits that the sentence of the petitioner was ordered to be suspended by the learned Appellate Court vide order dated 30.11.2023, however, he could not appear on the date fixed some serious mental ailment and Multispecialty Hospital, Delhi and resultantly, his bail bonds were cancelled and surety bonds were forfeited. he present petition is disposed of with a Court and in case, he appears before the learned Appellate Court within the stipulated period, he shall be admitted to tion of the learned trial Court ANJAL GUPTA 2025.08.05 09:45 I attest to the accuracy and integrity of this document