Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 16023 (PNJ)

RAMESH GANDHI v. STATE OF HARYANA

CRM-M/13072/2026 · 2026-03-10

Surya Partap Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 180 RAMESH GANDHI STATE OF CORAM: HON'BLE MR. JUSTICE Present: SURYA P 1. Nagarik Suraksha Sanhita 05.03.2026 Sirsa, hereinafter referred to as ‘ abovementioned order, thereof, the his presence 2. 3. Mr. Ramender Singh Chauhan, AAG Haryana. respondent No.1 -13072-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH RAMESH GANDHI VERSUS STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SURYA P Mr. Pratap Singh Gill, Advocate Ms. Eknoor Kaur Gill, Advocate for Mr. Ramender Singh Chauhan, AAG Haryana. SURYA PARTAP SINGH, J (ORAL) This is a petition filed under Section 528 of Nagarik Suraksha Sanhita 2023’ seeking .2026 (Annexure P-3) passed by the learned hereinafter referred to as ‘trial abovementioned order, the bail of petitioner the bail bonds of the petitioner have been presence in the Court, his warrants of arrest Notice of motion. Since advance notice has already been served upon the State, Mr. Ramender Singh Chauhan, AAG Haryana. respondent No.1-State. Hence, service of notice upon the State is hereby IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13072-2026 (O&M) DECIDED ON: 10.03.2026 .....PETITIONER VERSUS .....RESPONDENT SURYA PARTAP SINGH , Advocate and Ms. Eknoor Kaur Gill, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG Haryana. 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 etitioner was cancelled. As a result of the petitioner have been forfeited and to procure of arrest was issued. Since advance notice has already been served upon the State, Mr. Ramender Singh Chauhan, AAG Haryana. accepts notice on behalf of State. Hence, service of notice upon the State is hereby (O&M) .2026 .....PETITIONER .....RESPONDENT ratiya order dated Additional Sessions Judge By virtue of As a result forfeited and to procure 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 VINOD KUMAR ARYA 2026.03.12 09:53 I attest to the accuracy and integrity of this document CRM-M- dispensed with. However, n learned State counsel has opted to orally oppose the present petition 4. the petitioner however, trial Court where he suddenly fell ill and was admitted in City Hospital, Hamirpur. per learned counsel for the the impugned order was passed. 5. was not present before the learned trial Court in compliance with the 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. 7. a direction to the petitioner surrenders the learned trial Court two days. -13072-2026(O&M) 2 dispensed with. However, no formal reply has been fil learned State counsel has opted to orally oppose the present petition It has been contended by learned counsel for the petitioner that the petitioner was regularly appearing before the learned trial Court, however, on 05.03.2026 the petitioner could not appear before trial Court as on 04.03.2026, he had gone to Hamirpur for labour work, where he suddenly fell ill and was admitted in City Hospital, Hamirpur. learned counsel for the petitioner, in the abovem the impugned order was passed. In view of above, once it is an ad not present before the learned trial Court in compliance with the 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 has sought liberty for the petitioner to surrender before the learned trial Court and move an application for bail. In view of above, the present petition is a direction to the petitioner to surrender before the learned trial Court s before the learned trial Court the learned trial Court is directed to dispose of the . It is, however, clarified that the learned trial Court in the exercise formal reply has been filed by the State and the learned State counsel has opted to orally oppose the present petition. by learned counsel for the petitioner that regularly appearing before the learned trial Court, could not appear before the learned on 04.03.2026, he had gone to Hamirpur for labour work, where he suddenly fell ill and was admitted in City Hospital, Hamirpur. petitioner, in the abovementioned circumstances, 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 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 In view of above, the present petition is hereby disposed of with surrender before the learned trial Court. If and move an application for bail, is directed to dispose of the bail application within clarified that the learned trial Court in the exercise ed by the State and the by learned counsel for the petitioner that regularly appearing before the learned trial Court, the learned on 04.03.2026, he had gone to Hamirpur for labour work, where he suddenly fell ill and was admitted in City Hospital, Hamirpur. As entioned circumstances, itted fact that the petitioner not present before the learned trial Court 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 before the learned trial Court and move disposed of with . If he application for bail, within clarified that the learned trial Court in the exercise VINOD KUMAR ARYA 2026.03.12 09:53 I attest to the accuracy and integrity of this document CRM-M- of its discretion shall be at liberty to impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). Vinod -13072-2026(O&M) 3 of its discretion shall be at liberty to take the petitioner impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). take the petitioner into custody and/or impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). and/or impose penalty under Section 491 of BNSS (erstwhile Section 446 of CrPC). VINOD KUMAR ARYA 2026.03.12 09:53 I attest to the accuracy and integrity of this document