Sukhwinder Singh Vs Heera Lal — Punjab & Haryana HC (2025) — LawSathi Research

Sukhwinder Singh Vs Heera Lal — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions to the petitioner to surrender before the trial Court within 10 days and apply for regular bail, to be considered and decided the same day, subject to payment of costs of Rs.10,000/- to the Punjab and Haryana High Court Bar Clerk Association, Chandigarh; State free to seek revival of the petition if the undertaking is breached.

Issue for consideration

Whether the order dated 18.09.2024 of the JMIC, Sri Muktsar Sahib cancelling the petitioner's bail and forfeiting his surety bonds should be quashed under Section 528 of BNSS 2023.

Court's answer

Petitioner directed to surrender before the trial Court within 10 days from the date of order and to apply for regular bail, the Court noting that speedy trial is of the essence under Article 21 of the Constitution of India.

Ratio / Principle

If the petitioner moves a bail application before the learned trial Court, it shall be considered on the same date and decided in accordance with law.

Key takeaways

The concession to the petitioner is subject to payment of costs of Rs.10,000/- to be deposited with the Punjab and Haryana High Court Bar Clerk Association, Chandigarh, with receipt to be produced before the Trial Court; only then will the bail application be considered and decided on the same day in accordance with law.ratio¶23
In case the petitioner does not abide by the undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition.ratio¶22

Detailed headnote1 paragraphs

Bail cancellation / forfeiture of surety bonds — quashing sought under Section 528 of BNSS 2023 — Petition by accused whose bail was cancelled and bail/surety bonds forfeited to the State by order dated 18.09.2024 of the JMIC, Sri Muktsar Sahib in NACT No.480 of 2020 (Heera Lal vs. Sukhwinder Singh), after his absence on one date despite a dismissed exemption application and issuance of non-bailable warrants — Held: petition disposed of with directions to the petitioner to surrender before the trial Court within 10 days and apply for regular bail, which shall be considered and decided the same day in accordance with law, mindful that speedy trial is of the essence under Article 21 of the Constitution of India — Concession made subject to payment of costs of Rs.10,000/- to the Punjab and Haryana High Court Bar Clerk Association, Chandigarh, receipt to be produced before the Trial Court — If the undertaking is breached, the respondent/State may seek revival of the petition.

CRM-M-10151-2025

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

121

CRM-M-10151-2025 Date of decision: 03.03.2025

Sukhwinder Singh

......Petitioner

Versus

Heera Lal

.....Respondent CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. Piyush Setia, Advocate for the petitioner.

SANDEEP MOUDGIL, J (ORAL)

The jurisdiction of this Court has been invoked under Section 528 of BNSS 2023 for quashing of order dated 18.09.2024 (Annexure P-4) passed by the JMIC, Sri Muktsar Sahib in NACT No.480 of 2020 instituted on 29.09.2020 titled as Heera Lal vs. Sukhwinder Singh whereby bail of the petitioner has been cancelled and his bail/surety bonds have been forfeited to the State.

Learned counsel for the petitioner submits that the petitioner could not appear in Court on one date i.e. 18.09.2024 as he had gone out of station for certain domestic work. Though an application seeking exemption was filed but the same was dismissed and the bail of the petitioner has been cancelled by the learned trial Court with his non-bailable warrants of arrest having been issued. He submits that the petitioner did not had any intention to avoid attendance in the Court proceedings otherwise he was appearing regularly on each and every date before the Court. He undertakes that the petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future.

Heard.

Considering the submissions made by learned counsel and also in

MANOJ KUMAR 2025.03.04 06:12 appreciation of the fact that it will only speed up the proceedings before the Trial I attest to the accuracy and authenticity of this order

CRM-M-10151-2025

2

Court which is one of the essence as enshrined under Article 21 of the Constitution of India, the petitioner is directed to surrender before the trial Court within a period of 10 days from today and apply for regular bail.

In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law.

However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition.

The aforesaid order/concession to the petitioner shall be subject to payment of costs of Rs.10,000/- to be deposited with the Punjab and Haryana High Court Bar Clerk Association, Chandigarh and a receipt of the same be produced before the Trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day in accordance with law.

The instant petition is disposed of in the aforesaid terms.

		( SANDEEP MOUDGIL ) JUDGE
03.03.2025
manoj
	1. Whether speaking/ reasoned	: Yes /No
	2. Whether reportable	: Yes /No

MANOJ KUMAR 2025.03.04 06:12 I attest to the accuracy and authenticity of this order