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Punjab-Haryana High Court
Abhi Alias Onkar vs State Of Punjab on 22 May, 2026
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
CRM-M No.29684 of 2026 -1-
135
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.29684 of 2026
Date of decision: 22.05.2026
Abhi @ Onkar
.....Petitioner
versus
State of Punjab
..... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
*****
Present :- Mr. Manoj R. Sharma, Advocate
for the petitioner.
****
RAJESH BHARDWAJ, J. (Oral)
1. Present petition has been filed praying for quashing of order
dated 04.04.2026 (Annexure P-3) in which arrest warrants were issued
against the petitioner and order dated 08.05.2026 (Annexure P-5) in which
proclamation was issued against the petitioner in case bearing FIR
No.156, dated 19.10.2024, under Sections 221, 132, 121(1), 262,
263(a)/61(2) of BNS, registered at Police Station Dinanagar, District
Gurdaspur qua the petitioner.
2. Learned counsel for the petitioner has submitted that the
petitioner was falsely prosecuted in a case bearing FIR No.156, dated
19.10.2024, under Sections 221, 132, 121(1), 262, 263(a)/61(2) of BNS,
registered at Police Station Dinanagar, District Gurdaspur. He has
submitted that after registration of the FIR, the petitioner was granted the
concession of regular bail by this Hon'ble Court vide order dated
granting the concession of regular bail by this Court, the petitioner was
regularly appearing before the learned trial Court. He has submitted that
on one date, i.e. on 04.04.2026, the petitioner could not appear before the
learned trial Court and thus, his bail order was cancelled and bail bonds/
surety bonds were forfeited to the State. He has further submitted that non
bailable warrant of arrest was also issued against the petitioner. He has
further submitted that thereafter proclamation was also issued against the
petitioner vide order dated 08.05.2026. He has submitted that
inadvertently, the petitioner has noted the next date of hearing wrongly as
04.05.2026 instead of 04.04.2026. He has submitted that absence of the
petitioner was bona fide and not intentional. He has further submitted that
the petitioner is ready to appear before the learned trial Court and abide by
the terms and conditions imposed upon him.
3. Notice of motion.
4. On the asking of the Court, Mr. Ekompal Sagoo, AAG,
Punjab appears and accepts notice on behalf of the respondent-State. He,
on the other hand, has contended that bail order of the petitioner was
rightly cancelled by the learned trial Court and non bailable warrant of
arrest and proclamation was issued against him, as he failed to appear in
the Court without any valid reason.
5. I have heard counsel for the parties and perused the record.
6. It is apparent that the petitioner was prosecuted in a case
bearing FIR No.156, dated 19.10.2024, under Sections 221, 132, 121(1),
262, 263(a)/61(2) of BNS, registered at Police Station Dinanagar, District
Gurdaspur, in which, he was already granted the concession of regular bail
Due to non-appearance of the petitioner before the learned trial Court, his
bail order was cancelled and bail bonds/surety bonds were forfeited to the
State. Non bailable warrant of arrest was also issued against the petitioner.
Thereafter, the proclamation was also issued against the petitioner vide
order dated 08.05.2026. The reason given by the petitioner for his absence
is that he was noted the wrong date as 04.05.2026 instead of 04.04.2026.
As the petitioner is keen to join the proceedings, so keeping in view the
abovesaid facts, the present petition stands disposed of and the impugned
orders dated 04.04.2026 and 08.05.2026 are hereby set aside. In case, the
petitioner appears and surrenders before the Court concerned within a
period of 07 days from the date of receipt of certified copy of this order
and files an application for bail, the Court concerned is directed to admit
him to bail subject to its satisfaction and proceed with the trial in
accordance with law. The petitioner will have protection from arrest for a
period of 07 days from the date of receipt of certified copy of this order.
7. Needless to say that in case the petitioner fails to comply
with the abovesaid direction, he will have no benefit of abovesaid
protection granted by this Court and orders under challenge dated
04.04.2026 and 08.05.2026 would come in force and the present petition
would be deemed to have been dismissed.
(RAJESH BHARDWAJ)
22.05.2026 JUDGE
rittu Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
