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2005 DIGILAW 1119 (PNJ)

Krishan Kumar Dhingra v. State Of Haryana

2005-10-24

RAJIVE BHALLA

body2005
Judgment Rajive Bhalla, J. 1. This petition was ordered to be heard alongwith Crl. Misc. Nos. 6760-M of 1992, 6763-M of 1992 and 5-M of 1992. 2. By way. of the present revision, the petitioner impugned the order passed by the Chief Judicial Magistrate, Panipat dated 12.7.1993, whereby on account of his absence before the Court, his bail bonds were cancelled and his surety was summoned for 9.8.1993. 3. Counsel for the petitioner contends that on 17.6.1992, an order was passed in Crl. Misc. No. 6760-M of 1992, staying further proceedings before the Chief Judicial Magistrate, Panipat. On 12.7.1993, the date on which, the Chief Judicial Magistrate, Panipat, cancelled the bail bonds, the stay order was in operation. The petitioner was under the impression that as proceedings had been stayed, he was not required to appear before the trial Court and, therefore, absented himself. The error was a bona fide misunderstanding of the order of this court and, therefore, the order dated 12.7.1993 be quashed. 4. No one has put in appearance on behalf of respondent No. 2 complainant. 5. The failure of the petitioner to put in appearance before the trial Court on 12.7.1993, appears to be bona fide. As proceedings had already been stayed by this Court, the petitioner committed a bona fide error in not appearing before the Court. The petitioner misunderstanding the order of this Court and was under an erroneous impression that he was not required to appear before the trial Court. 6. In this view of the matter, the order dated 12.7.1993 is set aside. The petitioners bail bonds are restored. The revision petition is disposed of accordingly. Petition disposed of.