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2026 DAILYLAW 10872 (PNJ)

JASKARAN SINGH AND ANOTHER v. STATE OF PUNJAB

CRM-M/13527/2026 · 2026-03-12

Surya Partap Singh

body2026

Judgment text

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CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 174 JASKARAN SINGH & ANR. STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE Present: SURYA P 1. Nagarik Suraksha Sanhita 28.01.2026 Moga, hereinafter referred to as ‘ abovementioned order, thereof, the their presence 2. 3. Mr. I.P.S.Sabharwal, Deputy Advocate General, Punjab accepts noti behalf of respondent/ dispensed with. However, n learned State counsel h -13527-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH JASKARAN SINGH & ANR. VERSUS STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Talwinder Singh, Advocate for the petitioners. Mr. I.P.S. Sabharwal, DAG, Punjab. SURYA PARTAP SINGH, J (ORAL) This is a petition filed under Section 528 of Nagarik Suraksha Sanhita 2023’, seeking 28.01.2026 (Annexure P-1) passed by the learned hereinafter referred to as ‘trial abovementioned order, the bail of petitioner the bail bonds of the petitioners presence in the Court, their warrants Notice of motion. Since advance notice has already been served upon the Mr. I.P.S.Sabharwal, Deputy Advocate General, Punjab accepts noti behalf of respondent/State. Hence, service of notice upon the State is hereby dispensed with. However, no formal reply has been filed by the State and the learned State counsel has opted to orally oppose the present petition IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13527-2026 (O&M) DECIDED ON: 12.03.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH , Advocate Mr. I.P.S. Sabharwal, DAG, Punjab. This is a petition filed under Section 528 of ‘the Bharatiya seeking for quashing of order dated passed by the learned Additional Sessions Judge trial Court’ only. By virtue of etitioners was cancelled. As a result have been forfeited and to procure of arrest were issued. Since advance notice has already been served upon the State, Mr. I.P.S.Sabharwal, Deputy Advocate General, Punjab accepts notice on State. Hence, service of notice upon the State is hereby formal reply has been filed by the State and the as opted to orally oppose the present petition. (O&M) .2026 .....PETITIONERS .....RESPONDENT ratiya order dated Additional Sessions Judge . By virtue of As a result forfeited and to procure State, ce on State. Hence, service of notice upon the State is hereby formal reply has been filed by the State and the VINOD KUMAR ARYA 2026.03.17 10:30 I attest to the accuracy and integrity of this document CRM-M- 4. the petitioner 28.01.2026 noted down a abovementioned circumstances, deserves to be quashed. 5. were 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 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 mov 7. a direction to the petitioner within a period of one month and move dispose of the that the learned trial Court in the exercise of its discretion shall be at liberty -13527-2026(O&M) 2 It has been contended by learned counsel for the petitioner the petitioners was regularly appearing before the learned trial Court, .2026 they 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 bail 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 liberty for the petitioners to surrender before the learned trial Court an 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 moved by the petitioner, in a time In view of above, the present petition is a direction to the petitioners to surrender before the learned trial Court within a period of one month. If they surrender before the learne and move the application for bail, the learned trial Court dispose of the bail application(s) within three that the learned trial Court in the exercise of its discretion shall be at liberty by learned counsel for the petitioners that regularly appearing before the learned trial Court, but, before the learned trial Court, as they had learned counsel for the petitioners, 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 bail against the petitioners. Since apparently, in the abovementioned order, there is no scope At this stage, learned counsel for the petitioners has sought before the learned trial Court an 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 ed by the petitioner, in a time-bound manner. In view of above, the present petition is hereby disposed of with surrender before the learned trial Court surrender before the learned trial Court the learned trial Court is directed to three days. It is, however, clarified that the learned trial Court in the exercise of its discretion shall be at liberty that , on had , in the the impugned order was passed, which petitioners in compliance with the the learned trial cancel the bail order, forfeit the bail Since apparently, there is no scope for 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 disposed of with surrender before the learned trial Court al Court is directed to clarified that the learned trial Court in the exercise of its discretion shall be at liberty VINOD KUMAR ARYA 2026.03.17 10:30 I attest to the accuracy and integrity of this document CRM-M- to take the petitioner of BNSS (erstwhile Section 446 of CrPC). Vinod -13527-2026(O&M) 3 take the petitioners into custody and/or of BNSS (erstwhile Section 446 of CrPC). and/or impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). impose penalty under Section 491 VINOD KUMAR ARYA 2026.03.17 10:30 I attest to the accuracy and integrity of this document