Gopal Shiromani Shukla vs State Of Punjab

Court
Punjab and Haryana High Court

CRM-M-35538-2026 (O&M) [1]




IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-35538-2026 (O&M)
Date of Decision: 09.09.2026

Gopal Shiromani Shukla ……Petitioner
Versus
State of Punjab ..….Respondent

CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL

Present: Mr. Akshay Verma, Advocate,
for the petitioner (through Video Conference)

Mr. Ravinder Singh, DAG, Punjab.
Mr. H.S. Baath, Advocate and
Mr. Sarvjeet Singh Thakur, Advocate,
for respondent No.2.


VIKRAM AGGARWAL, J (Oral).
CRM-28113-2026
For the reasons given in the application, the same is
allowed and the documents (Annexures P.5 and P.6) are
permitted to be taken on record.
CRM-M-35538-2026 (O&M)
The prayer in the present petition preferred under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
is for quashing of the order dated 02.06.2026 (Annexure P.1)
passed by the Court of Additional Chief Judicial Magistrate,
Rupnagar, vide which, bail granted to the petitioner was
cancelled on account of his non-appearance; the bail bonds were
forfeited and the presence of the petitioner was ordered to be
secured by way of non-bailable warrants.
DALBIR SINGH
2026.09.11 17.47
I attest to the accuracy and
integrity of this document

CRM-M-35538-2026 (O&M) [2]

2. The facts, as emanating from the petition are that
FIR No.10 dated 25.10.2023, was registered at Police Station
NRI, SBS Nagar, under Sections 406, 420 IPC and Section 24 of
the Emigration Act, 1983. The petitioner was granted pre-arrest
bail by a Coordinate Bench vide order dated 26.06.2024 passed
in CRM-M-30576-2024, which was made absolute on
14.08.2024.
2.1 After the grant of anticipatory bail, the petitioner
caused appearance before the trial Court on 17.03.2025. The
trial Court ordered the petitioner to furnish bail bonds to the
tune of Rs.50,000/- with one surety in the like amount. He was
permitted to do so on the next date of hearing as surety was not
available. Accordingly, the case was adjourned to 30.04.2025.
However, on the next date of hearing, exemption from personal
appearance was sought, which was granted. The petitioner then
appeared on a couple of dates, but did not furnish the surety
bonds. Thereafter, he moved applications seeking exemption
from personal appearance on various dates, which were allowed.
Ultimately, vide order dated 02.06.2026, bail of the petitioner
was cancelled, bail bonds were forfeited and non-bailable
warrants were issued to procure the presence of the petitioner.
3. Learned counsel for the petitioner submits that
absence of the petitioner before the trial Court was on account of
his ill health. Reference has been made to the medical record
(Annexure P.5). Learned counsel submits that the petitioner is
ready to surrender before the trial Court and face trial. However,
the petitioner apprehends that the moment he surrenders, he
shall be taken into custody. Learned counsel submits that the
DALBIR SINGH
2026.09.11 17.47
I attest to the accuracy and
integrity of this document

CRM-M-35538-2026 (O&M) [3]

petitioner shall surrender before the trial Court within a period
of 10 days from today and shall move an application for bail.
Learned counsel submits that the trial Court be directed to
dispose of the bail application expeditiously.
4. Notice of motion.
5. Mr. Ravinder Singh, DAG, Punjab, accepts notice on
behalf of the respondent-State.
6. The petitioner was granted anticipatory bail by a
Coordinate Bench vide order dated 26.06.2024 passed in CRM-
M-30576-2024, which was made absolute on 14.08.2024. The
petitioner was asked to furnish the bail bonds in the sum of
Rs.50,000/- with a surety in the like amount, but the surety
was never furnished. The petitioner kept on moving applications
seeking exemption from personal appearance, which were
allowed from time to time. This continued till 02.06.2026, when
the bail of the petitioner was cancelled. It is, therefore, evident
that the petitioner did not appear for a number of years.
7. Under ordinary circumstances, this Court would not
have interfered in the matter. However, the trial is at a standstill
on account of the absence of the petitioner and his presence will
only expedite the same.
8. That being so, the impugned order dated 02.06.2026
(Annexure P.1) is set aside. In case, the petitioner surrenders
before the trial Court within 10 days from today and files an
application for bail, the same shall be decided expeditiously. If
the petitioner absents himself again from the proceedings, the
trial Court will proceed in accordance with law. For a period of
10 days from today, the petitioner shall not be arrested.
DALBIR SINGH
2026.09.11 17.47
I attest to the accuracy and
integrity of this document

CRM-M-35538-2026 (O&M) [4]

However, keeping in view the conduct of the petitioner, costs of
Rs.50,000/- are imposed upon him, which shall be deposited
with the District Legal Services Authority, Rupnagar.
9. The petition is accordingly disposed of in the above
terms.

(VIKRAM AGGARWAL)
09.09.2026 JUDGE
ds
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
DALBIR SINGH
2026.09.11 17.47
I attest to the accuracy and
integrity of this document