Domar Kumar Vishwash vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1012

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Domar Kumar Vishwash – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Appellant :Mr. G.S. Sandhu, Advocate, and Mr. Mayank Aggarwal, Advocate
For the Respondent: Mr. Kanwar Sanjiv Kumar, AAG, Haryana

JUDGMENT :

Sanjay Vashisth, J. (Oral)

1. Instant petition, under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), has been filed for quashing of the order dated 05.01.2024 (Annexure P-3), passed by learned Sub Divisional Judicial Magistrate, Tosham, whereby after cancelling the bail of the petitioner, non-bailable warrants have been issued against him, on account of his non-appearance in the following FIR:-

FIR No.	Date	Section(s)	Police Station	District
22	15.01.2022	420, 379 of IPC	Tosham	Bhiwani

2. Learned counsel for the petitioner contends that after getting released on regular bail on 26.05.2023, by Ld. Additional Sessions Judge, Bhiwani, he was regularly attending the Court proceedings and never remained absent, except, on 05.01.2024.

Counsel for the petitioner submits that in the last week of December, 2023, petitioner had gone to his native village at District Pumia, Bihar and fell ill, and this is because, he was not able to travel back to Bhiwani and could not convey about this to his counsel. Due to the said reason, he could not appear before the trial Court on 05.01.2024, and bail of the petitioner was ordered to be cancelled, and bonds were forfeited, and arrest warrant

Click Here to Read the rest of this document