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Judgment
The present petition is for quashing of impugned order dated 15.04.2026 (Annexure P-7) passed by learned Magistrate 1st Class, Moga, whereby non-bailable warrants were issued against the petitioners and bail bonds were cancelled and forfeited to the State and the consequential order dated 16.07.2026 (Annexure P-8) passed by learned Judicial Magistrate 1st Class, District Court Moga, Punjab arising out of FIR No.225 dated 10.10.2023, registered under Sections 406 and 120-B of IPC (corresponding Sections 316(2) and 61(2) of BNS, 2023) at Police Station City Moga, District Moga, Punjab and all subsequent proceedings arising therefrom.
Learned counsel for the petitioner submits that the petitioner was granted the concession of anticipatory bail by the learned trial Court in the present FIR vide orders dated 03.09.2024 and 10.09.2024 (Annexure P-2). However, since the petitioner was suffering from serious and continuing medical ailments and underwent major laparoscopic sigmoid colostomy surgery on 01.01.2024, due to which, he could not appear before the learned trial Court on 06.03.2026, resulting in cancellation of his bail and passing of the impugned order. It is further submitted that petitioner is ready and willing to surrender before the learned trial Court and join proceedings. Learned counsel further submits that the petitioner undertakes to appear on each and every date before the learned trial court and to abide by all the terms and conditions to be imposed by this Court or by learned trial Court.
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 for 03.09.2026 for further proceedings.
Considering the order to be passed, issuance of notice of motion will further procrastinate the trial, therefore, 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 could not appear on account of medical exigencies and certain miscommunication with the counsel appearing on his behalf before the learned trial Court, 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 03.09.2026 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 District Legal Services Authority, Moga and an undertaking that the petitioner shall not seek any exemption on any date fixed before the learned trial Court.