PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Naresh Alias Bittu – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
The instant petition is not maintainable under Section 482 of Cr.P.C., 1973 as per the judgment rendered by this Court titled 'Abhishek Jain Vs. State of U.T. Chandigarh and another' (CRM-M-31808-2024) 2024PHHC085784, However, keeping in view the entirety of facts and circumstances of the case, it is deemed expedient that the instant petition is directed to be considered as a petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Ordered accordingly.
1. The present petition has been filed for quashing of the order dated 02.01.2025 (Annexure P-3) passed by learned Sessions Judge, Fatehabad whereby the exemption application filed by the petitioner was dismissed and he was ordered to be summoned through non-bailable warrants and further prayed for quashing of the order dated 03.02.2025 (Annexure P-4) whereby fresh arrest warrant was issued against the petitioner and fresh notice to his surety Vinod Kumar was also issued under Section 446 of Cr.P.C. in FIR No.431 dated 17.12.2002 registered under Sections 323, 34, 379-B, 427-B of IPC at Police Station Bhuna, District Fatehabad.
2. Learned counsel for the petitioner has argued that the petitioner h
The cancellation of bail requires justifiable grounds, and mere absence from proceedings does not suffice for punitive measures.
Issuance of non-bailable warrants must be justified by sufficient reasons; personal liberty must be balanced with societal interests, especially during extraordinary circumstances.
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