IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Dipesh Jain – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. non-intentional absence from court cannot justify bail cancellation. (Para 1 , 7) |
| 2. petitioner sought exemptions based on reasonable grounds. (Para 4) |
| 3. the court emphasizes the procedural rights in bail matters. (Para 6) |
| 4. final order to allow bail subject to conditions and appearance. (Para 8) |
JUDGMENT :
1. The present petition has been filed under Section 528 of BNSS , 2023 for quashing of order dated 08.08.2025 (Annexure P-6) passed by Court of Ld. Additional Chief Judicial Magistrate, Bathinda whereby bail of the petitioner has been cancelled and bail bonds have been forfeited and non bailable warrants have been issued in case arising out of FIR No.98 dated 03.11.2016 under Section 420, 406, 467, 468, 471, 120-B of IPC registered at Police Station Cantt Batinda, on account of his absence.
3. I have heard the learned counsel for the petitioner as well as learned State counsel and have gone through the material on the file.
5. On the other hand, learned State counsel has opposed the prayer and argued that petitioner absented and has hampered the trial and the impugned order is not liable to be quashed.
7. In the present case also, the bail was cancelled vide order
The cancellation of bail requires justifiable grounds, and mere absence from proceedings does not suffice for punitive measures.
The court emphasized that securing the presence of accused individuals is essential for expediting trials, allowing limited discretion for bail reinstatement based on willingness to comply with court....
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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