PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Jaskaran Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
The present petition has been filed under Section 528 of BNSS seeking quashing of the order dated 11.10.2024 (Annexure P-6) passed by learned Judicial Magistrate 1st Class, Gurugram vide which the bail granted to the petitioner stands cancelled and the petitioner was ordered to be summoned through warrants of arrest in a complaint case titled as 'Sushil Handa vs. Safe Store Mart Pvt Ltd' bearing CIS No:NACT/34878/2022.
2. Learned counsel for the petitioner has iterated that a false case under Section 138 of the Negotiable Instruments Act has been filed against the petitioner in which he is likely to be acquitted. According to learned counsel, the petitioner was granted bail by the Court below in the said case vide order dated 18.07.2023 (Annexure P-2) and was diligently attending all the hearings before the Court below. Learned counsel has further iterated that the petitioner has been suffering from abnormal mild diffuse encephalopathy since the year 2021 i.e. a condition affecting the cognitive and physical abilities of the petitioner which is supported by the medical reports (copy whereof has been appended as Annexures P-3 to P-5).
Learned counsel has furth
The cancellation of bail requires justifiable grounds, and mere absence from proceedings does not suffice for punitive measures.
The court established that failing to appear in court when granted bail violates bail conditions, leading to potential cancellation of bail.
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