In CRM-M-26807 of 2022-PUNJ HC- P&H HC grants liberty to petitioner to approach concerned Court for recalling order whereby his bail was cancelled by Addl. Sessions Judge, Hisar Justice G.S.Sandhawalia [17-06-2022]

Read Order: Parbhat @ Parul v. Mukesh Kumar and another

Monika Rahar

Chandigarh, June 20, 2022: While dealing with a case wherein the petitioner, who was seeking interim bail, had been given liberty by the Court of Additional Sessions Judge, Hisar to deposit 20% amount in cheque dishonour case while cancelling his bail for default in lieu of such deposit, the Punjab and Haryana High Court has granted liberty to the petitioner to approach the concerned Court for recalling the said order of cancellation of bail by filing an appropriate application. 

The said Court shall take a decision on the same without taking the petitioner in custody since the petitioner has been given an opportunity to appear in the complaint which had been filed by Ajit Kumar and another and furnish the 20% amount, held the Bench of Justice G.S.Sandhawalia.

By virtue of this petition filed under Section 438 Cr.P.C., the petitioner sought the grant of interim bail in Criminal Appeal on account of his bail being cancelled by the Additional Sessions Judge, Hisar. 

The said order was passed on account of the fact that exemption application was filed and the Court noticed that in the connected matter, his bail was cancelled and his warrant of arrest was already issued. 

In that circumstance, the bail was cancelled and the bail bonds were forfeited and his presence was to be secured through a warrant of arrest. Notice was also issued to the surety and the identifier.

The counsel for the petitioner submitted that in the connected matter in which he was an appellant, he had not deposited the 20% amount and, therefore, warrants of arrest had been issued. It was thus, the Counsel’s submission that liberty was given to deposit the said amount by filing an appropriate application for recall of the said order, though no relief was granted by setting aside the order of warrant of arrest.

The Court thus granted the petitioner the liberty to approach the concerned Court for recall of the said order by filing an appropriate application. 

“The said Court shall take a decision on the same without taking the petitioner in custody since the petitioner has been given an opportunity to appear in the complaint which had been filed by Ajit Kumar and another and furnish the 20% amount. In case he does so, the Court shall consider recalling the order dated 08.04.2022 so that a decision on merits can be taken in the appeal which the petitioner has filed against complaint filed by Mukesh Kumar”, held the Court.