NIKHIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition is directed against the order dtd. 18/7/2025, passed by learned Sessions Judge, Kangra at Dharamshala, District Kangra, H.P., (learned Trial Court), vide which the bail bonds furnished by the petitioner were cancelled and forfeited to the State and he was ordered to be summoned by way of non bailable warrants of arrest for 2/8/2025 for his non-appearance before the Court. It has been asserted that the order was passed without issuing notice and without affording a reasonable opportunity to explain his non-appearance. This violates the principle of natural justice. Hence, the petition for setting aside the order passed by the learned Trial Court.

(2.) I have heard M/s Tanuj Thakur and Virender K. Sharma, learned counsel for the petitioner, and Mr. Lokender Kutlehria, learned Additional General, for the respondent-State.

(3.) Mr. Tanuj Thakur, learned counsel for the petitioner, submitted that the petitioner could not appear before the Court due to the landslide. No notice was issued to the petitioner before forfeiting the bail bonds. The NBWs were wrongly issued. He further submitted that the petition is fully maintainable under Sec. 449 of the Cr.P.C. Therefore, he prayed that the present petition be allowed and the order passed by the learned Trial Court be set aside.