Daman Kumar vs State Of Punjab And Another

Rajesh Bhardwaj, J

Prayer in the present petition is for quashing of the impugned order dated 05.01.2026, passed by learned JMIC, Faridkot, whereby the bail granted to the petitioner has been cancelled and bail/surety bonds have been forfeited to the State and order dated 30.05.2026, whereby the proclamation proceedings qua the petitioner have been initiated by learned trial Court in a case No.NACT-651-2022 titled as Nandini Vs. Daman Kumar.

It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He submits that the petitioner was declared proclaimed offender and thereafter, he was granted bail by learned JMIC, Faridkot vide order dated 16.08.2024 and since then, he was regularly appearing before the trial Court. He contends that thereafter, due to noting of wrong date, neither the petitioner nor his counsel could appear before the trial Court and bail of the petitioner was cancelled and his bail/surety bonds were forfeited to the State and he was ordered to be summoned through non-bailable warrants, vide order dated 05.01.2026 and thereafter, vide order dated 30.05.2026, proclamation proceedings were initiated against him. He submits that absence of the petitioner was totally unintentional and due to the circumstances beyond his control. He further submits that the petitioner is ready to appear before the trial Court and abide by all the terms and conditions, if any imposed by this Court.

Notice of motion.

Mr.Raj Karan Singh, AAG, Punjab, accepts notice on behalf of the State and has submitted that the petitioner intentionally not appeared before the trial Court and thus, learned trial Court has rightly cancelled his bail.

After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, bail of the petitioner was cancelled and his bail/surety bonds were forfeited to the State and warrants of arrest have been issued vide order dated 05.01.2026. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear before the Court concerned and to face the trial in the present case. In these circumstances, when the petitioner is ready to join the trial and face the proceedings, the orders dated 05.01.2026 and dated 30.05.2026 (vide which proclamation proceedings were initiated), are set aside, subject to deposit of costs of Rs.10,000/- with the Punjab and Haryana High Court Dispensary Welfare Fund by the petitioner within a period of seven days from the date of receipt of copy of this order.

The petitioner is directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.10,000/- and the trial Court would grant him bail till the disposal of the case on his furnishing fresh bail/surety bonds. The petitioner will have protection from arrest for a period of ten days from the date of receipt of copy of this order. The trial Court is free to impose any condition it likes on the petitioner while admitting him to bail.

Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated orders dated 05.01.2026 and dated 30.05.2026 will come in force and the present petition shall be deemed to have been dismissed.

Petition stands disposed of in abovesaid terms.