Karam Chand Vs State of Punjab — Mining and Natural Resources | Punjab & Haryana HC (2025)

Karam Chand Vs State of Punjab — Mining and Natural Resources | Punjab & Haryana HC (2025)

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; the bail application to be considered and decided on the same date in accordance with law; liberty reserved to the State to seek revival of the petition if the undertaking is not abided by.

Issue for consideration

Whether the order dated 02.12.2024 passed by the learned Sessions Judge, Kapurthala cancelling and forfeiting the petitioner's bail bonds and surety bonds is liable to be quashed under Section 528 of BNSS 2023. +1 more

Ratio / Principle

The petitioner is directed to surrender before the trial Court within a period of 10 days and apply for regular bail.

Key takeaways

If the petitioner moves an application for bail before the learned trial Court, the same shall be considered on the same date and decided in accordance with law.ratio¶22
In case the petitioner does not abide by his undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition.ratio¶23

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Sandeep Moudgil, J., oral) — CRM-M-580-2025, decided 14.01.2025. Petition under Section 528 of BNSS 2023 by Karam Chand seeking quashing of the order dated 02.12.2024 (Annexure P-3) of the learned Sessions Judge, Kapurthala, whereby his bail bonds and surety bonds were cancelled and forfeited to the State, arising from FIR No.233 dated 27.07.2021 under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 IPC, P.S City Kapurthala. The petitioner explained his single non-appearance (accident and physiotherapy) and undertook to surrender and join trial without default; the State was not averse. The Court, noting that expeditious trial is of the essence under Article 21 of the Constitution of India, disposed of the petition directing the petitioner to surrender within 10 days and apply for regular bail, to be considered and decided the same day in accordance with law, with liberty to the State to seek revival if the undertaking was breached.

CRM-M-580-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

129

CRM-M-580-2025 Date of decision: 14.01.2025

Karam Chand

......Petitioner

Versus

State of Punjab

.....Respondent

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. Sandeep Kumar, 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 02.12.2024 (Annexure P-3) passed by learned Sessions Judge, Kapurthala in FIR No.233 dated 27.07.2021 under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 IPC registered at P.S City Kapurthala, District Kapurthala whereby bail bonds and surety bonds of the petitioner have been cancelled and forfeited to the State.

Learned counsel for the petitioner submits the petitioner could not appear in Court on one date i.e. 02.12.2004 as he met with an accident and his spine was stretched in the accident and on the date fixed, he had gone for taking local Physiotherapy. The Trial Court cancelled the bail of the petitioner and issued non-bailable warrants of arrest. 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.

MANOJ KUMAR 2025.01.16 23:01 I attest to the accuracy and authenticity of this order

CRM-M-580-2025

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Notice of motion.

On the asking of the Court, learned State Counsel accepts notice on behalf of the respondent-State, who is not averse to the undertaking given by the petitioner that he will surrender before the trial Court.

Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial 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 instant petition is disposed of in the aforesaid terms.

		( SANDEEP MOUDGIL ) JUDGE
14.01.2025
manoj
	1. Whether speaking/ reasoned	: Yes /No
	2. Whether reportable	: Yes /No

MANOJ KUMAR 2025.01.16 23:01 I attest to the accuracy and authenticity of this order