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Judgment
RAMESH CHANDER DIMRI, J. (Oral)
Learned counsel for the petitioner has, inter alia, contended that on 26.08.2026, the counsel for the petitioner had moved an application for grant of exemption to the petitioner from appearance before the trial Court but the said application was dismissed whereafter bail granted to the petitioner was cancelled and his bail bonds as well as surety bonds furnished on his behalf were forfeited to the State. He further argues that a petition filed by the petitioner against cancellation of his bail in another FIR was pending before this Court on the said date which was ultimately allowed on that very date. He also states that the petitioner is ready to appear before the Court concerned and his absence before the trial Court on the said date was not at all intentional but bonafide.
Notice of motion.
Mr. Ritu Raj Singh, DAG, Punjab accepts notice on behalf of the respondent and makes a statement at Bar that keeping in view the nature of challenge made to the order Annexure P-1 and grounds raised in support of the petition, he does not want to file response to the petition in question.
I have heard learned counsel for the petitioner and learned State counsel on the petition.
After such hearing, I am of the considered opinion that the impugned order Annexure P-1 is harsh to the petitioner especially when his bail in a separate FIR stood cancelled and he had filed a quashment petition before this Court which was fixed on 26.08.2026 itself and was ultimately allowed on that very date.
In view thereof, order Annexure P-1 dated 26.08.2026 is quashed. In turn, the petitioner is directed to appear before the Court concerned within a period of 07 days from today and move an application for bail before it which, if moved, shall be disposed off in accordance with law within 07 days thereafter. Till such disposal, arrest of the petitioner in the FIR/case in question shall remain stayed.
Petition as well as interim application/s, if any, stand/s disposed off.
