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High Court of Punjab and Haryana · body

2026 DAILYLAW 34444 (PNJ)

KAVITA ALIAS KITABO ALIAS KALI v. STATE OF HARYANA

CRM-M/41284/2026 · 2026-07-28

Alok Jain

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 . 1. The present petition has been filed under Section 528 BNSS seeking quashing of the order dated 16.07.2026 (Annexure P-1) passed by the learned Additional Sessions Judge, Hisar, whereby, on account of non- appearance of the petitioner, her bail was cancelled and the bail bonds and sureties were forfeited in FIR No. 238 dated 31.07.2025 (Annexure P-2) under Sections 115, 121(1), 126, 132, 190, 191(2), 191(3), 221, 310(2), 324(6), 352, 353(1), 353(2), of BNS Act 2023, (erstwhile Sections 323, 332, 339, 353, 149, 147, 148, 186, 395, 440, 504, 505 IPC) registered at Police Station Civil Lines, Hisar District Hisar, and non-bailable warrants were issued against her. PARUL 2026.07.29 11:28 I attest to the accuracy and authenticity of this document/order 2 2. Learned counsel for the petitioner submits that the bail granted to the petitioner has been cancelled on account of her non-appearance. It is further submitted there was a medical exigency and the petitioner was admitted in hospital as she was habitual to consume drugs and was getting treatment in Naksha Mukti Kender and that was the reason for her non- appearance. Learned counsel for the petitioner has submitted “Krishna Sharma @ Krishna Kumar Sharma Vs. The State of West Bengal and another” SLP (Crl.) No. 12829 of 2023, “However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The parameters for grant PARUL 2026.07.29 11:28 I attest to the accuracy and authenticity of this document/order 3 of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence.” petitioner was admitted in hospital due to medical exigency 6. PARUL 2026.07.29 11:28 I attest to the accuracy and authenticity of this document/order