Punjab and Haryana High Court
CRM-M/36228/2026 of DEEPAK GILL & ORS Vs STATE OF PUNJAB on 27 July 2026
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 137 CRM-M-36228-2026 Date of Decision: 27.07.2026 Deepak Gill and others …Petitioners V/s State of Punjab …Respondent CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Sandeep Arora, Advocate, for the petitioners. Mr.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-36228-2026
Date of Decision: 27.07.2026
Deepak Gill and others
…Petitioners
V/s State of Punjab
…Respondent
CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Sandeep Arora, Advocate, for the petitioners.
Mr. Ravinder Singh, DAG, Punjab.
*** VIKRAM AGGARWAL, J (ORAL)
This petition has been filed by the petitioners under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”) assailing the order dated 21.05.2026 passed by the Court of Judicial Magistrate Ist Class, Jalandhar in cross-case FIR No.73 dated 29.05.2020 registered under Sections 323, 324, 148, 149 IPC at Police Station Division No.2, Police Commissionerate, Jalandhar.
2. The petitioners along with one Basu were facing trial in the FIR in question. Basu is stated to have unfortunately expired during the trial.
3. After presentation of the challan on 02.06.2021, the trial commenced. A perusal of the interlocutory orders passed by the Court shows the casual manner in which the petitioners were appearing and absenting themselves from the proceedings. The file also shows the casual manner in which the Court concerned dealt with the matter, blatantly giving exemptions. Eventually, on 21.05.2026, the trial Court cancelled the bail of the petitioners.
VIKAS CHANDER 2026.07.28 10.20 I attest to the accuracy and integrity of this document
CRM-M-36228-2026
4. Learned counsel for the petitioners submits that the absence on 21.05.2026 was not willful and that the petitioners are willing to surrender before the trial Court but apprehend that the moment they surrender, they shall be taken into custody. He also submits that the case is now fixed for today itself for consideration on the proclamation report, proclamation having been issued vide order dated 06.06.2026. He submits that the petitioners undertake that they shall continue to appear before the Court concerned regularly.
5. I have considered the submissions made by learned counsel for the petitioners.
6. The petitioners have been remiss inasmuch as their appearance before the trial Court is concerned, they frequently absented themselves from the proceedings. However, the trial Court was equally complacent in allowing exemptions repeatedly.
7. Having considered the matter in its entirety and keeping in view the fact that the trial is going on since 2021, the present petition is disposed of with a direction that in case the petitioners appear before the trial Court within a period of one week from today and file applications for bail, the same shall be decided expeditiously, in accordance with law. For a period of one week from today, the petitioners shall not be arrested. This shall, however, be subject to payment of costs of Rs.15000/- each, which shall be deposited with the District Legal Services Authority, Jalandhar.
Pending application(s), if any, also stands disposed of.
(VIKRAM AGGARWAL)
JUDGE July 27, 2026 vcgarg
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No VIKAS CHANDER 2026.07.28 10.20 I attest to the accuracy and integrity of this document