TAPAS DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of the impugned order dtd. 30/10/2025 (Annexure P-2), whereby the application moved by the petitioners for exemption was declined and bail granted to them has been cancelled, and the order dtd. 6/12/2025 (Annexure P-4), whereby proclamation has been issued against the petitioners in case FIR No. 95 dtd. 12/3/2020, under Ss. 3, 4 and 5 of the Immoral Traffic (Prevention) Act, registered at Police Station Division No. 5, Ludhiana.

(2.) Learned counsel for the petitioners submits that the petitioners could not appear before the learned trial Court on the date fixed as they were out of station for performing rituals of Chhath Pooja. Therefore, they moved an application seeking exemption from personal appearance. However, vide impugned order dtd. 30/10/2025, the said application was dismissed, and the bail granted to them was ordered to be cancelled, the surety bonds were Gurpreet Singh ordered to be forfeited to the State and non-bailbale warrants were issued against them. Subsequently, vide impugned order dtd. 6/12/2025 (Annexure P-4), proclamation has been issued against the petitioners. It is also submitted that on earlier occasions i.e. on 6/10/2025 and 27/10/2025, the petitioners were granted exemption by the learned Court concerned. It has also been submitted that the absence of the petitioners was neither intentional nor deliberate, and that the petitioners are ready to appear before the trial Court and abide by all the terms and conditions as may be imposed upon them by the trial Court.

(3.) Notice of motion.