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Judgment
ALOK JAIN, J. (Oral)
The present petition has been filed for setting aside of the order dated 07.03.2026 (Annexure P-1) passed by the learned Additional Sessions Judge, Fatehabad, in FIR No.162 dated 10.07.2025, under Sections 190, 191(2), 115(2), 117(2) and 351(2) of the BNS [corresponding Sections 149, 147, 323, 325 and 506 IPC] and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Ratia, District Fatehabad as well as for quashing all consequential proceedings arising therefrom whereby the bail granted to the petitioner has been cancelled on account of his absence and the bail bonds have been forfeited and subsequently non-bailable warrants have been issued to secure his presence.
Learned counsel for the petitioner submits that the petitioner was granted the concession of regular bail on 15.10.2025 and subsequently, the petitioner had put in appearance on 20.10.2025 as well as on 17.12.2025 before the learned trial Court. On account of medical exigency and miscommunication with the counsel appearing on behalf of the petitioner before the learned trial Court, the petitioner could not put in appearance on 07.03.2026 which led to passing of the impugned order and subsequently, before the petitioner could take any remedy, order dated 04.06.2026 (Annexure P-6), whereby non-bailable warrants were issued against the petitioner, were issued for 15.07.2026
The matter is now fixed on 02.09.2026 before the learned trial Court and learned counsel for the petitioner prays that the petitioner be granted one opportunity to put in appearance and proceed in the trial.
Learned State counsel appearing on behalf of the State on advance notice, submits that the absence of the petitioner has procrastinated the trial and, hence, the order is well within the legal parameters. Learned State counsel further submits that the matter is now fixed before the learned trial Court on 02.09.2026 for further proceedings.
Considering the order to be passed, and issuance of notice of motion will further procrastinate the trial, the present petition is adjudicated in light of the judgment passed by the Hon'ble Apex Court in the case of "Krishna Sharma @ Krishna Kumar Sharma Vs. The State of West Bengal and another" SLP (Crl.) No. 12829 of 2023, the relevant extract of which reads as under:
"However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence."
Keeping in view the fact that the petitioner was regularly appearing before the learned trial Court but on 07.03.2026, he could not appear due to medical exigency, it appears that there was no intention on his part to remain absent. Moreover, the petitioner is ready and willing to surrender and join the proceedings and also to abide by all the terms and conditions imposed by this Court or by the learned trial Court. In case, one opportunity is granted to the petitioner, no prejudice shall be caused to any party, rather his joining the proceedings would ensure finalization of proceedings.
In light of the above factual matrix and considering the ratio of law as laid down by the Hon'ble Apex Court cited supra, the petitioner is directed to surrender on or before the trial Court on 02.09.2026 and shall be released on bail by furnishing bail bonds and surety bonds to the satisfaction of trial Court/CJM/Duty Magistrate concerned.
In light of the above, the present petition stands disposed of and the petitioner is imposed with a cost of Rs.5,000/- to be deposited with the concerned DLSA before the learned trial Court.