IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:10.02.2025 Barjinder Singh Parwana …Petitioner vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Ramandeep Singh Gill, Advocate for the petitioner.

Mr. I.P.S Sabharwal, DAG, Punjab.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present petition under Section 482 of Cr.P.C with a prayer to quash the impugned order dated 03.01.2025 (Annexure P-5) passed by the Court of Additional Sessions Judge, Kapurthala, whereby the bail of the petitioner was cancelled and the bail bonds and surety bonds were ordered to be forfeited to the State and the petitioner was ordered to be summoned through non-bailable warrants of arrest in a case arising out of FIR No.305, dated 19.12.2021, under Section 295-A of IPC, Police Station Kotwali, Kapurthala.

2. Learned counsel for the petitioner contends that the petitioner was falsely involved in the present case and thereafter, he was ordered to be released on bail vide order dated 02.12.2022 (Annexure P-2). Learned counsel for the petitioner furhter contends that the petitioner was regularly appearing before the Trial Court and never misused the concession of bail. He further contends that the case was listed before the Trial Court on 21.10.2024 and the petitioner could not appear before the Trial Court on the said date and was represented by a counsel. However, the counsel for the petitioner had wrongly informed him that the next date of hearing was 21.01.2025 instead of 21.11.2024. Thus, the petitioner could not appear before the Trial Court on 21.11.2024 and 03.01.2025. Due to non-appearance of the petitioner, the Trial Court had cancelled the bail and the bail bonds and surety bonds were ordered to be forfeited to the State and the petitioner was ordered to be summoned through non-bailable warrants of arrest. Learned counsel for the petitioner next con- tends that the petitioner is ready to surrender before the Court and shall join the trial proceedings. He further contends that the petitioner shall appear on each and every date of hearing, before the Trial Court and shall not absent himself during the Court proceedings. 3. Notice of motion.

4. Mr. I.P.S Sabharwal, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondent-State.

5. Learned State counsel has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that the petitioner had not appeared intentionally before the Trial Court and there is no illegality in the impugned orders passed by the Court below and the petitioner does not deserve the concession of bail.

6. I have heard the learned counsel for the parties and perused the record.

7. It is not in dispute that that the petitioner was on bail earlier and was regularly appearing before the Trial Court, however; on 21.11.2024 and

03.01.2025, he could not appear before the Trial Court, due to some communication gap between him and his counsel. Thus, taking a lenient view of the matter, the petitioner is permitted to surrender before the Trial Court/Duty Magistrate within a period of two weeks from today and on his surrender, he shall be admitted to bail subject to furnishing bail bonds and surety to the satis-

faction of the concerned Court.

8. At the time of furnishing of bail bonds, the petitioner shall also file an affidavit before the concerned Court that he shall continue to appear before the Court on each and every date of hearing and shall not absent himself during the Court proceedings, except with prior permission of the Court.

9. The Trial Court/Duty Magistrate shall also be at liberty to impose any other conditions, as it deems fit in the peculiar facts and circumstances of case.

10. The petition stands allowed in the above terms.

(N.S.SHEKHAWAT)

10.02.2025 JUDGE hitesh