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2025 DAILYLAW 96455 (PNJ)

ANUJ v. STATE OF HARYANA

CRM-M/48618/2025 · 2025-09-04

Sukhvinder Kaur

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 132 CRM-M-48618-2025 (O&M) Date of Decision: 04.09.2025. Anuj ...Petitioner. Versus State of Haryana ...Respondent. *** CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR ....... Present: Mr. Surinder Kumar Daaria, Advocate for the petitioner. *** SUKHVINDER KAUR , J. Present petition has been filed under Section 528, BNSS, 2023, for quashing of order dated 17.09.2024 (Annexure P3) passed by learned Additional Sessions Judge, Gurugram arising out in FIR No.10 dated 12.01.2022, under Sections 399 and 402 of IPC and Section 25 of the Arms Act, registered at Police Station New Colony, District Gurugram, vide which non bailable warrants were issued against the petitioner. The relevant facts of the present case for adjudication are that the petitioner had been regularly appearing before the trial Court. The petitioner could not appear before the trial Court on 17.09.2024, as he was arrested in another case and was released on bail vide order dated 18.09.2024, but his bail order as well as bail bonds and surety bonds were cancelled and forfeited to State and he was ordered to be summoned through warrants of arrest. Thereafter, fresh warrants of arrest were issued against him vide orders dated 16.12.2024, 19.02.2025, 15.04.2025 and 31.05.2025. On 31.07.2025, proclamation proceedings have been initiated against the petitioner. KOMAL 2025.09.05 10:04 I attest to the accuracy of this document CRM-M-48618-2025 (O&M) -2- It has been contended by learned counsel for the petitioner that earlier the petitioner was regularly appearing before the trial Court and absence of the petitioner on 17.09.2024 was not intentional but was due to his arrest in some other case. He was granted bail in FIR No.204 of 2024, Police Station Naraina on 18.09.2024. He further submitted that now the matter is fixed for 12.09.2025 before learned trial Court and he is ready to surrender before the trial Court. Therefore, the impugned order dated 17.09.2024 be set aside. Heard. Considering the facts and circumstances of the present case and taking note of the fact that disposal of appeal is likely to take time and no useful purpose is likely to be served by sending him behind the bars, the impugned order dated 17.09.2024 is set aside. The petitioner is directed to surrender and appear before the learned trial Court within 10 days and on doing so, he would be released on bail on furnishing his fresh bail/surety bonds to the satisfaction of the Court concerned and with the undertaking to appear regularly before the trial Court on each and every date of hearing. Disposed of in the aforesaid terms. (SUKHVINDER KAUR) JUDGE 04.09.2025. Komal Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No KOMAL 2025.09.05 10:04 I attest to the accuracy of this document