Surinder Kohli vs State Of Haryana And Another
2022 Latest Caselaw 17480 P&H

CRM-M-59669-2022                                                      -1-

115    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        CRM-M-59669-2022
                                        Date of Decision:20.12.2022

SURINDER KOHLI                                            ......... Petitioner

                                    Versus

STATE OF HARYANA AND ANOTHER                              ..... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :   Mr. Saransh Sabharwal, Advocate for
            Mr. Sajal Bansal, Advocate
            for the petitioner.

            Mr. Karan Sharma, DAG, Haryana.

           ****
JAGMOHAN BANSAL, J. (Oral)

Through instant petition under Section 482 of Code of

Criminal Procedure, 1973, the petitioner is seeking quashing of order

dated 11.11.2022 (Annexure P-4) passed by JMIC, Gurugram whereby

bail bonds furnished by the petitioner have been cancelled and non-

bailable warrants of arrest are issued against the petitioner in case

No.NACT/23928/2013 dated 16.04.2012 under Section 138 of

Negotiable Instruments Act, 1881.

Learned counsel for the petitioner inter alia contends that

petitioner was regularly appearing in the aforesaid case. Due to wrong

noting of date by counsel, the petitioner failed to appear before Trial

Court on 11.11.2022 and learned Trial Court cancelled bail of the

petitioner and issued non-bailable warrants of arrest. The petitioner since

2013 was regularly appearing before the Trial Court. The petitioner is

not involved in any other FIR. The lapse was unintentional and petitioner

1 of 3

is ready to pay costs of Rs.1,000/-.

Notice of motion.

On the asking of Court, Mr. Karan Sharma, DAG, Haryana

accepts notice on behalf of the State. He does not dispute the above

stated factual position. He has no objection, if petition is disposed of

subject to costs.

Intent of arrest and reason of denial of bail is to secure the

appearance of the accused at the time of trial. A person who seeks to be

liberated must take judgment and serve sentence in the event of his

conviction. The nature of the crime charged, severity of punishment

prescribed, prime facie available evidences, history & background of the

accused may indicate that any amount of bond and surety is not going to

secure presence of accused, at the time of conviction.

Keeping in mind:

i) The object of cancellation of bond or declaration of anyone

as proclaimed offender/person is to secure his presence. The

petitioner has come forward to face trial and undertakes to

appear before trial court on each and every date, thus ,his

presence would meet ends of justice;

ii) The Petitioner for wasting valuable time and energy of

courts as well prosecution is willing to pay costs of Rs.

1,000/-.

iii) The Petitioner is ready to furnish bond/surety to the

satisfaction of the trial court;

iv) The petitioner was initially granted regular bail by learned

Trial Court, Gurugram and thereafter petitioner appeared on

2 of 3

many dates;

v) Trial is pending since 2012 and petitioner is ready to face

trial, thus, no prejudice is going to cause to prosecution or

complainant

vi) The petitioner is accused of commission of bailable and

compoundable offence.

this court is of the considered opinion that present petition

needs to be allowed, and accordingly, petition is allowed. The petitioner

is directed to appear before learned Trial Court on or before 10.01.2023

and on his doing so, the Trial Court shall admit him to bail on furnishing

fresh bail bonds alongwith costs of Rs. 1,000/- to be paid to the

respondent No.2.

Disposed of in above terms.

                                               ( JAGMOHAN BANSAL )
                                                      JUDGE
20.12.2022
Ali


                   Whether speaking/reasoned    Yes/No
                      Whether Reportable        Yes/No




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